Canadian Criminal Sentencing/Cases/Sexual Assault

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Sexual Assault[edit]

Touching or Attempts[edit]

Case Cite Sentence Summary
R v Wilson 2012 NBQB 326 (CanLII) 24 months bartender sexually assaulted female in washroom--forced oral sex, fondled her breasts, fingered her and tried to stick a sex toy in her anal region, attempted intercourse--victim fell and was permanently injured during incident.
R. v. Boden 2012 BCPC 331 (CanLII) 6 to 9 months also sentenced to assault peace officer--offender grabbed the buttocks of two women unknown to him in an attempt to flirt with them
R. v. T.J.H. 2012 BCPC 115 discharge touching over clothes--no SOIRA ordered because not a "conviction"
R v Martell 2012 SKPC 47 9 months sexual assault of person at a party. Female was passed out naked, offender fondled breasts, undressed himself, got on top of her, no evidence of injury or penetration.
R v Tuffs 2012 SKCA 6 12 months hand down pants, touching of genitals, Crown appeal of S/s
R. v. Pratt 2011 BCPC 382 5 years digital penetration; oral sex; attempted intercourse; violence used
R. v. Trotman 2011 ONCJ 604 8 months grabbing 15 year old girl multiple times; hugs and kisses
R. v. Ince 2011 NBQB 324 9 months touching female while she was asleep
R. v. T.(D.) 2011 ONCJ 545 18 months digital penetration; touching; victim was disabled by C.P.
R. v. McDonald 2011 ABCA 307 32 months attempted sexual assault; unlawful entry
R. v. Paulin 2011 ONSC 5027 2 years less CSO attempted oral and anal intercourse
R. v. Chrispen 2009 SKCA 63 9 month conditional 18 year old accused; fondled breasts of victim; no record
R. v. Goulet 2008 MBPC 6 3 years grabbing a stranger in public, attempted to knock her out and sexually assault her; stopped by samaritans
R. v. A. (B.) 2008 ONCA 556 3 1/2 years vulnerable victim; assault over 18 months
R. v. Dahouky 2008 CanLII 19498 (ON S.C.) 9 months jail & probation failed attempt to penetrate victim while asleep
R. v. Calnen 2008 NSCA 6 4 months conditional sexual touching of bottocks; accused impaired by alcohol at time
R. v. A.D.C. 2008 SKCA 108 30 months fondling of sleeping victim while in drunk tank
R. v. Jennings-Grimwood 2007 ONCJ 481 6 months jail & probation undress sleeping victim; ejaculated on her leg; no sexual intercourse
R v. Roberge 2007 ONCA 435 3 years disabled victim passed out; appeal of conditional sentence
R. v. Rusk 2007 ABCA 189 4 years fondling and attempted sexual assault of a spastic quadriplegic.
R. v. M. (D.) 2007 ONCA 690 1 year child under age of 10; sexual touching; no record
R. v. Cook 2007 ABPC 86 church minister sexually assaults two persons (age 13 and 20), not position of trust
R. v. Durnford 2006 CanLII 34694 (NL P.C.) 9 months confined, fondled and undressed victim
R. v. Wark [2006] O.J. No. 2202 (C.J.) 6 months age 25; no record; digital penetration
R. v. Iron 2005 SKCA 84 20 months imprisonment victim passes out on bed during a party; offender digitally penetrates her and fondles her
R. v M.J.H. 2004 SKCA 171 2.5 years victim passed out; offender found humping unconscious victim; removed victim's clothes
R. v. D.W.G. 1999 ABCA 270 3.5 years minus remand The victim was confronted by drunk husband. He slapped her, stripped her naked, choked her with one of his forearms across her throat, and, while lying on top of her, attempted to have sexual intercourse. He was too drunk to complete the sex act.
R. v. Van de Wiele 1997 CanLII 9695 (SK C.A.) 2.5 years offender, age 25, had drinks with victim at his house; attempted fondling and attempted penetration; victim got away; bruising found on victims body.
R. v. Richardson (1992) 74 CCC 15 (Ont CA) 2 years infatuated with victim, broke into apartment, offender was intoxicated former lover
R. v. Cameron (1991) 75 Man. R. 290 (CA) 3 years picked up victim in car and drove to isolated area
R. v. D.A.W. 1991 CanLII 4533 (NSCA) 8 months victim woke up to accused performing oral sex on her.
R. v. Atkins 1988 CanLII 201 (NLCA) 2 years three incidences over several years; fondling of 9 year old child

Full Intercourse[edit]

Case Citation Prv Crt Sentence Summary
R v Moosomin 2012 SKQB 386 (CanLII) SK SC 33 months
R v DS 2012 SKQB 118 SK SC 30 months forced intercourse with ex-partner
R. v. Freake 2012 NLCA 10 NL CA 4 years force intercourse between partners
R v RK 2012 SKPC 17 SK PC 18 months historical sexual assault (1982), sexual intercourse with step daughter
R. v. P.N. 2011 NLTD 158 NL SC 3 years intercourse with teenage niece, threatened if she called police
R. v. N.K.P. 2011 ABCA 361 AB CA 9 years assaulted 7 family members; recorded some on video
R. v. Murphy 2011 NLCA 16 NL CA 3.5 years forced intercourse in front seat of vehicle, prior record for violence.
R. v. I.K.L., 2011 NLTD 7 NL SC 3 years numerous incidnets of intercourse with a minor
R. v. Dorah 2011 ONSC 6503 ON SC 2 years less a day forced intercourse in a dating couple
R. v. Berens 2011 MBQB 255 MB SC 2 years less a day intercourse while asleep; no remorse; gladue factors
R. v. A.N. 2010 ONCJ 288 ON PC 2 years less a day parties knew each other; moderate use of force; accused intoxicated
R. v. W.(R.R.) 2010 NLTD 135 NL SC 4 years broke into residence of 14 year old niece, full intercourse, threatened victim if she called police
R. v. Kasokeo 2009 SKCA 48 SK CA 27 months jail sleeping victim; appeal from 15 months jail; "probably" full intercourse
R. v. Zarpa 2009 NLTD 175 NL SC 3.5 years intercourse with sleeping woman
R. v. D.B.R. 2008 ONCJ 412 ON PC 10 years (JR) sexual assault x 3; sexual touching of minor x 2; confinement x 1. Occurred over several years
R. v. Woods 2008 SKCA 40 SK CA 22 months confinement, violence, digital penetration, intercourse, prolonged
R. v. Byer 2007 ONCA 694 ON CA 6 years administered drug and performed unprotected sex on 4 victims; occurred over 15 years
R. v. Law 2007 ABCA 203 AB CA 3 years victim passes out at a party; digital penetration, full penetration
R. v. Rich 2006 NLTD 84 NL SC 3 years forced intercourse
R. v. F. (E.W.) 2006 NLTD 91 NL SC 18 months intercourse with adult sister while she was asleep, alcohol involved.
R. v. R.H. 2003 NLCA _, [2003] N.J. No. 336 (C.A.) NL CA 6 months non-consentual sexual intercourse with spouse.
R. v. Kinde 2002 BCCA 233 BC CA 7 years forced sexual intercourse with victim on 4 occasions; bodily harm
R. v. S. (J.S.) 2001 MBCA 144 MB CA 30 months sleeping victim
R. v. C. (S.F.) 2000 NLTD _, 192 Nfld. & P.E.I.R. 179 NL SC 2.5 years offender broke into residence, grabbed complainant, threatened her, full intercourse
R. v. J.R. 1997 CanLII 14665 NL CA 3 years sexual intercourse with daughter; causing pregnancy
R. v. Sandercock 1985 CanLII 104 (AB C.A.) AB CA 4.5 years drive victim to secluded spot and accosted her

Sexual Assault Causing Bodily Harm[edit]

Case Citation Prv Crt Sentence Summary
R. v. Nelson 2012 ONSC 4248 ON SC 5 years
R. v. Welch 1995 CanLII 282 (ON CA) ON CA 33 months bruising on body

Aggravated Sexual Assault[edit]

Case Citation Prv Crt Sentence Summary
R. v. Thomas 2012 ONSC 1201 ON SC 2 years less a day agg sexual assault by intercourse with HIV
R. v. A.T.R. 2011 BCPC 283 BC PC 2 years joint rec.; HIV positive accused; not contracted by victims
R. v. Griffin [1998] O.J. No. 5763 ON life guilty plea -- 20+ years of violent offences -- high risk to reoffend

Sexual Interference and Sexual Assault on persons under 16[edit]

Touching and Other Act[edit]

Case Citation Prv Crt Sentence Summary
R. v. McLean 2013 ONCJ 23 (CanLII) ON PC 4 years Offender charged with break and enter and sexual interference.
R. v. S.C. 2012 CanLII 78017 (NL SCTD) NL SC 30 months Grandfather convicted of historical sexual assault over 10 years of granddaughter while she was between 5 and 14 years old. Offender touched victim in a sexual manner 6 times. Convicted of sexual assault (30mo), interference (9mo), and invitation (18mo).
R v JR 2012 SKPC 167 (CanLII) SK PC 14 months father touches 14 year old daughter in vaginal area, no digital penetration
R v WAC 2012 SKQB 415 (CanLII) SK SC 16 months offender lives in house with family including 7 year-old victim, he grabs her and touches her vagina under her clothes--long prior record of breaches and violence--difficult time on remand
R. v. Biss 2012 ONCJ 604 (CanLII) ON PC 14 months high school teacher sexual assault of female student aged 16 -- "fondling, mutual oral sex and masturbation...attempted sexual intercourse several times...penetrated the victim’s vagina with his fingers."
R. v. G.B. 2012 ABPC 214 (CanLII) AB PC 2 years less a day over seven years touched and performed fellatio on child aged 5 to 12.
R. v. Butt 2012 ONSC 4326 (CanLII) ON SC 6 to 12 months lured a 12 year old boy into apartment performed fellatio while he was HIV positive
R v Therrien 2012 SKPC 121 SK PC 18 months historical sexual assault, touching and digital penetration of two children in 1980s.
R. v. T.E.M. 2012 CanLII 43821 (NL SCTD) NL SC 3 years sexual interference of 11 year old girl
R. v. Archibald 2012 ABCA 202 AB CA 12 months touching of two boys aged 14--historical sexual assault--CSO overturned
R. v. MacIsaac 2012 CanLII 29422 (NL SCTD) NL SC 12 months x 2 victims touching of genitals and buttocks of two children over a period of time. also convicted of uttering threats to the victims (3 months each)--global sentence of 27 months
R. v. C.H. 2012 ONSC 3352 ON SC 3 years father touching daughter, forced oral sex
R. v. J.R.A. 2012 MBCA 48 MB CA 5 years father has 4 year old child give oral sex over 3.5 years
R. v. A.S. 2012 CanLII 25903 (NL SCTD) NL SC 12 months grandfather touched two adolescent children above and under their clothes--health problems
R v HDB 2012 ABQB 234 AB QB 5 years offender was 37 year old labourer--victim assaulted 7 year old step daughter multiple times, including oral sex and touching
R. v. Palacios 2012 ONCJ 195 ON PC 2 years less a day historical sexual assault
R. v. L.M.L. 2012 ABPC 84 AB PC 12 months (JR) sexual interference
R. v. S.A.F. 2012 ABPC 60 AB PC 48 months grandfather sexually assault grand daughter, oral sex, two incidents, found to be in loco parentis
R. v. C.W. 2012 CanLII 10660 (NL SCTD) NL SC 6 months 90 year old offender touched child in vaginal area over clothes
R. v. Vuradin 2012 ABCA 55 AB CA 27 months digital penetration
R. v. Hope 2012 CanLII 2673 (NL SCTD) NL SC 30 days & 12 months two victims, first was 11 years old and was asked for sex, the second was 14 and offender attempted to have intercourse
R. v. B.L. 2011 ABCA 375 AB CA 3 years oral sex; sexual touching of a child age 8 to 9 by uncle over age 70.
R. v. T.E.H. 2011 NSCA 117 NS CA 18 months 2 incidents of inference of 15 boy; oral sex; no prior record
R. v. W.R.G. 2011 BCPC 330 BC PC 12 months father putting hands down 14 year old daughters pants on 3 occasions
R. v. P.A. 2011 NLTD 157 NL SC 18 months 7 incidents of interference on child aged 12 to 13; brother’s step-daughter; offender aged 39 to 41; touching the victim’s breasts, vagina and putting the victim’s hand on offender’s penis
R. v. R. (G.W.) 2011 MBCA 62 MB CA 4 years prior related record; touching of 9 year old son
R. v. Johnson 2010 ABCA 287 AB CA 21 months put hands down pants of 14 year old
R. v. .P.S. 2010 ABCA 313 AB CA 3 months touched genital area twice of 8 year old girl
R. v. W.H. 2010 NLTD 62 NL SC 5 month CSO offender touched genitals of 14 year old girl outside of underwear but under dress and placed hands on breasts outside of clothes twice before--victim tried to push offender away twice--offender was 62 years old uncle of victim, no record, good employment history--convicted at trial
R v. J.B.C. 2010 NSSC 28 NS SC 6 years over 4 years multiple assaults on 9 year old. Digital penetration, fondling, just short of penetration
R. v. H.(W.) 2010 NLTD 62 NL SC 5 months conditional 3 incidents of sexual touching of a minor over 16.
R. v. Pretty 2010 CanLII 8323 (NLPC) NL PC 6 months while in a position of authority, he slapped the victim on the rear end, put his arms around the complainant, touched her breast, tugged on the neckline of her sweater, and asked if he could see her breasts.
R. v. Innerebner 2010 ABQB 188 AB SC 7 years 6+ victims
R. v. C.E.D. 2010 NLTD(G) 192 NL SC 5 months offender age 60, kissed, touched 15 year old female on buttocks outside of clothing, and breast inside shirt. no record. good employment history.
R. v. Manjra 2009 ONCA 485 ON CA 17 months offender licked privates of 7 year old girl
R. v. A.W.S 2009 ABPC 225 AB PC 3 years global 3 victims
R. v. D.A.P. 2009 ABCA 72 AB CA 15 months jail and probation sexual touching of grand-daughter aged 7 over 3 years; over low sentence
R. v. C.E.D. 2009 CanLII 65768 (NLPC) NL PC 10 months with 3 years probation sexual advances on 16 year old include kissing and fondling of breasts
R. v. Oldford 2009 NLTD 124 NL PC 5 months offender sat on couch with 13 year old girl, touched her legs, pulled her shirt up, kissed her belly, opened his fly, exposed his penis and pulled her pants off--offender was age 34
R. v. S.C. 2009 SKQB 272 SK SC 9 months convicted of multiple touching of child under 14. Touching over clothes. Was in a stepfather role.
R. v. Olford [2009] N.J. No. 214 (S.C.) NL SC touching child's legs, pulled up shirt and kissed stomach, exposed penis and started pulling pants off.
R. v. H.C. 2009 ABPC 73 AB PC 3 years 3 year old victim; kissing her neck, sucking and rubbing her breasts, rubbing up against her buttocks with an erect penis over her clothing, touching and rubbing her vagina over and under her clothing and digitally penetrating her vagina.
R. v. Lonegren 2009 BCSC 1678 BC SC
R. v. M.F.S. 2008 ABCA 157 AB CA 3 years before remand prior record; 30 minute long assault of child of age 3.
R. v. Bird 2008 SKCA 65 SK CA 30 months imprisonment fondling of babysitter; victim under threat; 14 year old victim
R. v. McCombie 2008 NBQB 353 NB SC 4 months offender pled guilty to touching 14 year old child’s breast under her shirt
R. v. S.P.C. 2008 ABCA 280 AB CA 18 months sexual touching of 7 year old
R. v. Maha 2008 ABPC 22 AB PC 1 year 9 year old made to masturbate offender to ejaculation
R. v. B.R. [2007] N.J. No. 111 NL SC 6 months offender had touched the stomach, breast and vagina of his common law spouse’s thirteen year old granddaughter
R. v. Skwarchuk 2007 ABCA 195 AB CA 27 months 4 incidents of non-consentual fellatio with girl aged 13.
R. v. Bachewich 2007 ABCA 199 AB CA 12 months 50 year old rubbing vaginal area of sleeping 9 year old for several minutes
R. v. B.R. 2007 CanLII 10890 (NLPC) NL PC 5 months and fifteen days incarceration
R. v. Van Den Boogaard 2006 ABCA 183 AB CA 6 months jail 58 year old offender was babysitting 13 and 11 year olds; girls were tied to a bed while naked; fondled one of them.
Bossé v. R. 2005 NBCA 72 NB CA 13 months + probation 9 year old child performs fellatio and masturbates 19 year old offender
R. v. K.L. 2004 BCSC 797 BC SC 18 month CSO sexual touching of grand-daughter
R. v. J.G.C. 2004 NLSCTD 69 NL SC 9 months fondled buttocks through clothing of two boys (13 and 14 years old), also pressed his penis against boy’s back and simulated anal sex
R. v. L.M.B. 2004 NLSCTD 151 NL SC 10 months sexual assault on 6 year old grand-daughter, fondled girl’s vaginal area under her clothes--offender was 48 years old with prior record including two sex assaults
R. v. Kemper 2004 ABCA 348 AB CA 2 years touching 30 to 50 times over 3 years
R. v. D.(D.T.) 2003 ABQB 57 AB SC 90 day intermittent touching vaginal area under clothing
R. v. F. (J.P.) 2002 BCSC 756 BC SC 13 mo CSO touching private parts of 5 year old daughter
R. v. C. (R.) 2002 CanLII 14844 (NL P.C.) NL PC 4 months teacher touches breast of 14 year old student
R. v. C.J.C. 2002 NSCA 45 NS CA 21 months progressive touching, including oral sex, of best friend's 13 year old daughter
R. v. W.C.C. 2001 N.J. No. 229 (P.C.) NL PC 6 months sexual assault of six-year-old niece. Touching child on bum with the palm of his hand. He stated that he lowered her outside pants by an inch.
R. v. A.J.S. 1998, 167 Nfld. & P.E.I.R. 182 (N.L.C.A.) NL CA 3 months CSO offender was convicted of sexually assaulting a young girl by placing his hand down her pants while sitting next to her on a plane.
R. v. Stuckless 1998 CanLII 7143 (ON CA) ON CA 5 years offender pled to 24 counts of sexual assault on boys aged 10 to 15 years old over a period of 20 years.
R. v. E.C.S. 1997, 148 Nfld. & P.E.I.R. 347 (N.F.S.C.) NL SC 60 days CSO 67 year old accused touched the breasts of a twelve year old girl.
R. v. Yazelle 1994 CanLII 3860 (SKCA) SK CA 4 years undress and fondle genitals of child; no penetration
R. v. Chipman 1993 106 Nfld. & P.E.I.R. 74 (N.L.S.C.) NL SC 60 days 63 year old offender embraced a 14 year old girl and touched her breast.
R. v. Bennett 1993 CanLII 2120 (BCCA) BC CA 12 months imprisonment touching breast and kissing 13 year old
R. v. B.C. 1992 N.J. No. 358 ( S.C.) NL SC 90 days accused fondled the breasts and vagina of his eleven year old niece

Intercourse[edit]

Case Citation Prv. Crt. Sentence Summary
R. v. KDH 2012 ABQB 471 (CanLII) AB SC 5 to 7 years offender also sentenced for a variety of sex offences against children (global 18 years). Offender had sexual relations with his own children and step-children over several years.
R v KM 2012 SKCA 95 (CanLII) SK CA 3 years intercourse with three boys under age 16
R. v. Patey 2012 CanLII 51735 (NL SCTD) NL SC 3.5 years offender was aged 29 to 30 when he had sexual intercourse and oral sex with two children aged 14 and 15. There were multiple offences--victims factually consented to all incidents except for one incident of anal sex
R. v. Bjornson 2012 ABCA 230 (CanLII) AB CA 17 months offender was 22 years of age and had intercourse and other sex acts with a 15 year old niece.
R. v. D.M. 2012 ONCA 520 ON CA 7 years sexual assault of 15 year old over 3 years--offender in a position of trust
R. v. P.K. 2012 MBCA 69 MB CA 36 months offender sexually assaulted two sisters over several years
R. v. King 2012 ABQB 273 AB SC 3 years offender had a relationship with a 15 year old over several years. They would have intercourse several times a week.
R v MJ 2012 SKQB 168 SK SC 3.5 years sexual intercourse with 14 year old while they slept, also previous incident of interference (touching under clothes) for which he got 1 year
R. v. Merkuratsuk 2012 CanLII 2508 (NL SCTD) NL SC 45 days female sexual asaulted 14 year old boy; intercourse for about 20 seconds
R. v. J.M.W. 2012 NSCA 9 NS CA 2 years sexual assault on 14 year old stepdaughter; multiple assuaults; full intercourse
R. v. C.L.J. 2011 ABCA 321 AB CA 7 years sexual assault causing bodily harm; choking; victim 6 years old, accused was uncle
R v JC 2011 MBPC 71 MB PC 4 - 9 years victim 6-13 years old; sexual intercourse, violence over many years; pregnancy
R. v. Woodward 2011 ONCA 610 ON CA 6.5 years victim age 12; luring over internet
R. v. Revet 2010 SKCA 71 SK CA 18 months no record; victim age 14
R. v. Leigh 2010 ONCJ 118 ON PC 2 years less a day two counts sexual assault, one anal intercourse, one fellatio. Victims were 11 and 14 years old. Crown recommended < 2 years.
R. v. A.G.A. 2010 ABCA 61 AB CA 3 years multiple acts of the offender's touching of the complainant’s penis; the offender's touching the victim’s penis; and one act of anal penetration.
R. v. R. J. B. 2007 ABPC 61 AB PC 45 days sexual intercourse x 2 with child of 13 years
R. v. Pritchard 2005 ABCA 240 AB CA 2 years less a day CSO 19 year old meets 13 year old online; had unprotected sexual intercourse; plea to s.271
R. v. C. 2005 NSSC 3 NS SC 3 years conviction at trial offender placed his penis in child's vaginal area and anal area, caused significant pain.
R. v. R.S. 2005 CanLII 45184 (ON CA) ON CA 9 years numerous sexual assault upon his children
Bossé v. R. 2005 NBCA 72 NB CA 13 months and probation 19 year old offender twice had a child of 9 years perform fellatio on him and masturbate him until he ejaculated
R. v. D. (D.) 2002 CanLII 44915 (ON CA) ON CA 9 years 1 month

Over 7 years, the offender befriended 4 boys between ages 5 and 8 in order to engage in sexual activity including masturbation, oral sex, attempted and actual anal intercourse.

R. v. B.(G.) (1999), 181 Nfld. & P.E.I.R. 1 (N.L.S.C.) NL SC 9 months sexually assaulted a 13 year old girl who was the daughter of his neighbour. The offence involved digital penetration.
R. v. W.B.S. 1992) 127 A.R. 65 1992 CanLII 2761 AB CA 5.5 years "serious sexual assault" on child

Invitation to Sexual Touching[edit]

Case Citation Prv Crt Sentence Summary
R. v. Renouf 2012 CanLII 25628 (NL PC) NL PC 14 days
R. v. E.J.K. [2002] N.J. No. 388 (S.C.) NL SC 6 months also convicted of sexual assault and interference--offender was naked and put child's hand on his penis and moved it up and down
R. v. T.L.M. [2010] N.J. No. 99 (S.C.) NL SC 1 year also convicted of sexual assault and interference--a number of incidents where the offender invited the victim to touch him
R. v. L.H. 2011 NLCA 4 NL CA 1 year on two or three occasions offender asked victim "to rub lotion on his penis"