Sexual Assault (Sentencing Cases)

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Sexual Assault

Touching or Attempts

Case Name Sentence Summary
R v O’brien,
2017 SKQB 88 (CanLII)
14.3 months (time served) The offender was having an affair with the female victim. He met her at his house where he attempted to hug and kiss her. She told him not to touch her. He lifted her up and put her on the bed and attempted to undo her pants. She pushed him off. He put his hands around her neck for 5 to 10 seconds and then stopped on his own accord.
R v Halkett,
2016 SKPC 65 (CanLII)
18 months CSO The offender attempted to have anal intercourse in the police drunk tank with an unconscious detainee. He was 54-year-old aboriginal band member with a significant but dated record. [Per Robinson PCJ]
R v Nippi,
2015 SKQB 90 (CanLII)
2 years less a day The offender was found guilty of sexual assault and unlawfully in a dwelling. While intoxicated he entered a residence where a female laid sleeping. He undressed and then kissed her, fondled her and rubbed his penis against her. The offender was 35 years old and a member of a First Nations. [Per Turcotte SCJ]
R v Sayers,
2015 ABCA 21 (CanLII)
4 years (global) The offender was found guilty of sexual assault of two females aged 8 and 11. He touched their breasts and vaginal area underneath their clothing. One judge dissented. [Per Paperny JA with Martin JA dissenting]
R v RJW,
2014 CanLII 28797 (NL SCTD)
12 months CSO offender touched breasts of two female sisters aged 12 and 15. Offence occurred in the 1970s while he lived with the victims. [Per Halley SCJ]
R v Tyers,
2014 BCPC 140 (CanLII)
12 months offender was a chiropractor who touched the breasts and vagina of a patient. [Per Smith PCJ]
R v Klok,
2014 ABPC 102 (CanLII),
9 months Offender was a teacher of the complainant, engaged in masturbation. Complainant was around 18 years old. The offender was in a position of trust at the time. [Per Allen PCJ]
R v Wilson,
2012 NBQB 326 (CanLII)
24 months The offender was a bartender who sexually assaulted female in washroom. Conduct involved forced oral sex, fondled her breasts, fingered her and tried to stick a sex toy in her anal region, attempted intercourse. The victim fell and was permanently injured during incident. [Per McLellan SCJ]
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 TJH,
2012 BCPC 115 (CanLII)
discharge touching over clothes--no SOIRA ordered because not a "conviction"
R v Martell,
2012 SKPC 47 (CanLII)
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 (CanLII)
12 months hand down pants, touching of genitals, Crown appeal of S/s
R v Pratt,
2011 BCPC 382 (CanLII)
5 years digital penetration; oral sex; attempted intercourse; violence used
R v Trotman,
2011 ONCJ 604 (CanLII)
8 months grabbing 15 year old girl multiple times; hugs and kisses
R v Ince,
2011 NBQB 324 (CanLII)
9 months touching female while she was asleep
R v T.(D.),
2011 ONCJ 545 (CanLII)
18 months digital penetration; touching; victim was disabled by C.P.
R v McDonald,
2011 ABCA 307 (CanLII)
32 months attempted sexual assault; unlawful entry
R v Paulin,
2011 ONSC 5027 (CanLII)
2 years less CSO attempted oral and anal intercourse
R v C.R.P.,
2009 ABPC 32 (CanLII)
suspended Offender was flirting with 17 year old he knew for 8 years. He "momentarily touched her vaginal area outside her clothing, moving his fingers during the touch".
R v Chrispen,
2009 SKCA 63 (CanLII)
9 month conditional 18 year old accused; fondled breasts of victim; no record
R v Goulet,
2008 MBPC 6 (CanLII)
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 (CanLII)
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 (CanLII)
4 months conditional sexual touching of bottocks; accused impaired by alcohol at time
R v ADC,
2008 SKCA 108 (CanLII)
30 months fondling of sleeping victim while in drunk tank
R v Jennings-Grimwood,
2007 ONCJ 481 (*no link)
6 months jail & probation undress sleeping victim; ejaculated on her leg; no sexual intercourse
R v Roberge,
2007 ONCA 435 (CanLII)
3 years disabled victim passed out; appeal of conditional sentence
R v Rusk,
2007 ABCA 189 (CanLII)
4 years fondling and attempted sexual assault of a spastic quadriplegic.
R v M. (D.),
2007 ONCA 690 (CanLII)
1 year child under age of 10; sexual touching; no record
R v Cook,
2007 ABPC 86 (CanLII)
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 ONCJ 197 (CanLII), [2006] O.J. No. 2202 (C.J.)
6 months age 25; no record; digital penetration
R v Iron,
2005 SKCA 84 (CanLII)
20 months imprisonment victim passes out on bed during a party; offender digitally penetrates her and fondles her
R v MJH,
2004 SKCA 171 (CanLII)
2.5 years victim passed out; offender found humping unconscious victim; removed victim's clothes
R v DWG,
1999 ABCA 270 (CanLII)
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 (SKCA)
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 Cameron,
1995 CanLII 8967 (PE SCAD), 1995 CarswellPEI 47, [1995] PEIJ No. 163, 136 Nfld. & PEIR 105
12 months The offender was a doctor who touched several patients in a sexual manner.
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 DAW
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

Case Name Prv. Crt. Sentence Summary
R v Meyers,
2017 SKQB 4 (CanLII)
SK SC 5 years The offender was convicted of sex assault and uttering threats. He used threats to coerce sex. He digitally penetrated the female victim's vagina and anal intercourse.
R v DS,
2013 ONCA 244 (CanLII)
ON CA 12 years sexual assault on wife
R v Moosomin,
2012 SKQB 386 (CanLII)
SK SC 33 months
R v DS,
2012 SKQB 118 (CanLII)
SK SC 30 months forced intercourse with ex-partner
R v Freake,
2012 NLCA 10 (CanLII)
NL CA 4 years force intercourse between partners
R v RK,
2012 SKPC 17 (CanLII)
SK PC 18 months historical sexual assault (1982), sexual intercourse with step daughter
R v P.N.,
2011 NLTD 158 (CanLII)
NL SC 3 years intercourse with teenage niece, threatened if she called police
R v N.K.P.,
2011 ABCA 361 (CanLII)
AB CA 9 years assaulted 7 family members; recorded some on video
R v Murphy,
2011 NLCA 16 (CanLII)
NL CA 3.5 years forced intercourse in front seat of vehicle, prior record for violence.
R v I.K.L.,
2011 NLTD 7 (CanLII)
NL SC 3 years numerous incidnets of intercourse with a minor
R v Dorah
2011 ONSC 6503 (CanLII)
ON SC 2 years less a day forced intercourse in a dating couple
R v Berens,
2011 MBQB 255 (CanLII)
MB SC 2 years less a day intercourse while asleep; no remorse; gladue factors
R v A.N.,
2010 ONCJ 288 (CanLII)
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 (CanLII)
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 (CanLII)
SK CA 27 months jail sleeping victim; appeal from 15 months jail; "probably" full intercourse
R v Zarpa,
2009 NLTD 175 (CanLII)
NL SC 3.5 years intercourse with sleeping woman
R v D.B.R.,
2008 ONCJ 412 (CanLII)
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 (CanLII)
SK CA 22 months confinement, violence, digital penetration, intercourse, prolonged
R v Byer,
2007 ONCA 694 (CanLII)
ON CA 6 years administered drug and performed unprotected sex on 4 victims; occurred over 15 years
R v Law,
2007 ABCA 203 (CanLII)
AB CA 3 years victim passes out at a party; digital penetration, full penetration
R v Marriott,
2007 NSSC 99 (CanLII)
NS SC 12 months CSO Offender touched breast and vagina of female aged 22. Victim had intellectual deficits.
R v Rich,
2006 NLTD 84 (CanLII)
NL SC 3 years forced intercourse
R v F. (E.W.),
2006 NLTD 91 (CanLII)
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 (CanLII)
BC CA 7 years forced sexual intercourse with victim on 4 occasions; bodily harm
R v S. (J.S.),
2001 MBCA 144 (CanLII)
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 Richard,
1994 CanLII 3969 (NS CA)
NS CA 7 years The offender was convicted of sexual assault and uttering threats. He approached the female victim whom he knew at 3am near a night club. Threatened her and lead her to a private spot where he has intercourse and fellatio on her. She broke free at the end and escaped. He was 23 years old at the time and had a lengthy criminal record.
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

Case Name Prv. Crt. Sentence Summary
R v Vandermeulen,
2014 MBQB 116 (CanLII)
MB SC 3.5 years (Sex Ass CBH)
6 months (assault CBH)
All offences committed against domestic partner.
R v R.L.W.
2013 BCCA 50 (CanLII)
BC CA 5 years (SA)
18 months (PCP)
R v Nelson
2012 ONSC 4248 (CanLII)
ON SC 5 years (sex assault CBH)
R v Welch
1995 CanLII 282 (ON CA)
ON CA 33 months (sex assault CBH) bruising on body

Sexual Assault with a Weapon

Case Name Prv. Crt. Sentence Summary
R v Doran,
2013 ONSC 5889 (CanLII)
ON SC 3 years (Sex Ass. w/ Weap.)
2 years (touching)
Offender touched genitals of 11 year old attempted to coax child into bedroom for sex while brandishing a knife.

Aggravated Sexual Assault

Case Name Prv. Crt. Sentence Summary
R v Hudson,
2017 MBPC 20 (CanLII)
MB PC 25 years
R v JCM,
2013 NSSC 126 (CanLII)
NS SC 12 years attack involved forced oral, anal and vaginal sex. Victim left with injuries including bruising and a fractured jaw.
R v Thomas,
2012 ONSC 1201 (CanLII)
ON SC 2 years less a day agg sexual assault by intercourse with HIV
R v ATR,
2011 BCPC 283 (CanLII)
BC PC 2 years joint rec.; HIV positive accused; not contracted by victims
R v Lemay,
2007 BCCA 501 (CanLII)
BC CA 7 years Offender had anal intercourse with an infant child 12 times.
R v Ogushing,
2005 CanLII 633 (QC CQ)
QC SC 10 years
R v McAuley,
[2005] NSJ 153
NS 7 years The offender was convicted of aggravated sexual assault relating to an attack on a female in her early 20s. He grabbed the victim while she was walking down the street, beat her, and then sexually assaulted her. The injuries required surgery. They did not know each other. He was 21 years old and had no criminal record.
R v Peskoonas,
1999 ABQB 411 (CanLII)
AB SC Dangerous Offender Order
R v Griffin,
[1998] O.J. No. 5763 (*no link)
ON life guilty plea -- 20+ years of violent offences -- high risk to reoffend

Other Specific Types of Sexual Assaults

Assault by Medical or Legal Professionals

Case Name Prv. Crt. Sentence Summary
R v Buckingham,
2008 NLTD 12 (CanLII)
NL SC 7 years Offender had 5 months remand credit. Offender convicted of 5 counts of sexual assault, one count assault on his patients and 6 counts of trafficking in prescription drugs. He was giving drugs in exchange for sex.
R v West,
2007 ABCA 67 (CanLII), 2007 CarswellAlta 236 (Alta.C.A.)
AB CA 12 months jail The offender was a nurse who touched a patient's breast and put her hand on his genitals until he ejaculated. The patient was semi-conscious at the time. He plead guilty and was remorseful.
R v Bedard,
2001 CanLII 8536 (ON CA), 2001 CarswellOnt 1706, (Ont.C.A.)
ON CA 12 months The offender was a chiropractor who sexually assaulted 9 of his patients.

Sexual Interference and Sexual Assault on persons under 16