Sexual Assault of Person Under 16, Intercourse (Sentencing Cases)

From Criminal Law Notebook
Jump to navigation Jump to search
See also: Sexual Assault (Sentencing Cases)

Intercourse

See also: Sexual Assault of Person Under 16, Without Intercourse (Sentencing Cases)
Case Name Prv. Crt. Sentence Summary
R v Melrose,
2021 ABQB 73 (CanLII), per Renke J
AB SC 90 days (interference)
probation (luring)
R v Audet,
2020 ONSC 5039 (CanLII), per CM Smith J
ON SC 48 months
R v RAJ,
2020 ABQB 555 (CanLII), per Burrows J
AB SC 6 years sexual offending consisted of ..., putting his mouth on Z’s vaginal area, ... on three occasions, forcing vaginal penile penetration on Z at her home. ... on a number of separate occasions, while RAJ and Z were alone in the car, touching Z’s vaginal area over and under her clothing."
R v Poulsen,
2020 ONCJ 440 (CanLII), per Libman J
ON PC 4.5 years "The offender was convicted of multiple sexual assaults against a 14-year-old victim who was in his home, under the influence of hallucinogenic drugs, and under his direct control. It involved digital touching, sexual intercourse and fellatio. He recorded it on his phone. That added to the harm suffered by the victim. There was clear evidence of significant actual harm. Though there was concern because he was the single parent of a daughter around the same age, and had contact with her friends, he was determined to be a low risk to reoffend and to have real prospects for rehabilitation. He was sentenced to 4 1/2 years’ imprisonment. Again, this is a Provincial level decision from a different jurisdiction and, for that reason, carries less weight. Given the multiplicity of the incidents, the degree of harm, and the lack of guilty plea, in Poulsen, despite the prospects for rehabilitation being greater than those in the case at hand, a comparison of the relevant factors supports a lower sentence in the case at hand." [1]
R v DC,
2020 NLSC 78 (CanLII), per Knickle J
NL SC 7 years "The offender was found guilty of having committed 10 to 15 sexual assaults against his stepdaughter when she was between the ages of five and 11. They ranged from rubbing her vagina to full intercourse. He had a prior conviction for Internet luring. He was sentenced to seven years’ imprisonment. In comparison, the circumstances of the case at hand warrant a much lower sentence, particularly considering, in D.C.: the age of the victim; the number of incidents; the lack of a guilty plea; and the prior record, factors which do not obtain in the case at hand." [2]
Prior to April 2020 (R v Friesen)
Case Name Prv. Crt. Sentence Summary
R v Angel,
2018 BCSC 1751 (CanLII), per Marchand J
BC SC 1 year
18 months probation
"The 53 year-old offender, with no criminal record, had oral and anal intercourse with a 14 year-old. The judge was not satisfied beyond a reasonable doubt that the offender knew that the complainant was under 16. Mr. Angel was sentenced to 1 year imprisonment followed by 18 months probation." [3]
R v Reddekopp,
2018 ABCA 399 (CanLII), per JA
AB CA 20 months "The 19 year-old offender with no prior record has two acts of sexual intercourse with a 13 year-old complainant. Given the facts, the Court of Appeal did not interfere with the 20-month imprisonment sentence." [4]
R v FB,
2018 ONSC 5812 (CanLII), per Shaw J
ON SC 36 months "The 43 year-old offender touched the 15 year-old complainant’s thighs, breasts and vagina and penetrated her vagina with his finger. The offender had a previous conviction for sexual interference, invitation to sexual touching and luring a child under 16 years of age. The offender was sentenced to 36 months imprisonment for sexual interference." [5]
R v Muise,
2018 NLSC 8 (CanLII), per Stack J
NL SC 30 months "The aboriginal offender who was 18 years old at the time admitted to having sexual intercourse with a 13 year-old victim. The offender was sentenced to 30 months for sexual interference."
R v Raman Nair,
2017 ABQB 814 (CanLII), per Ackerl J
AB SC 6.5 years imprisonment (global)
R v DiMichele,
2017 ONSC 2550 (CanLII), per Edwards J
ON SC 40 months The victim was 15 years old. They had an employer/employee relationship.
R v CGG,
2017 MBQB 61 (CanLII), per Greenberg J
MB SC 3 years The offender was found guilty of sexual assault. He had intercourse with his step-daughter
R v Hussein,
2017 ONSC 4202 (CanLII), per Code J
ON SC 15 months
2 years probation
"The 27 year-old offender was told by the complainant’s mother that the complainant was 14, although she was only 13 years old. They had sexual intercourse. The offender did not have a prior record. The sentence was 15 months imprisonment followed by a 2-year probation."[6]
R v Rancourt,
2017 NSSC 158 (CanLII), per Murray J
NS SC 2 years "the offender pleaded guilty to sexual assault arising from several incidents of sexual intercourse with the victim, aged 15. The accused had no previous record and was sentenced to two years’ custody and two years’ probation."
R v Burton,
2017 NSSC 181 (CanLII), per Arnold J
NS SC 2 years "the accused sexually assaulted RP while she was sleeping and under the influence of sleeping pills. RP woke to find the accused had removed her clothing, had propped her up and was having unprotected vaginal intercourse with her. The accused was sentenced to a two-year federal sentence and three years’ probation."
R v RJ,
2017 MBCA 13 (CanLII), per Mainella J
MB CA 14 years (global)
4, 4 and 5 years (interference)
1 year (making CP)
The offender was convicted of sexual interference and making child pornography. He sexually assaulted two young girls aged 8 and 9 and also recorded the acts. The offending activity included fondling, masturbation, digital and anal intercourse.
R v Menicoche,
2017 ONSC 4202 (CanLII), per Sharkey J
ON SC 17 months "The 27 year-old aboriginal offender had unprotected anal intercourse with a 15 year-old complainant. The offender did not know the complainant’s age but knew or was indifferent if she was under 18. The offender had one previous conviction for an assault some 7 years earlier, when he punched another male. The pre-sentence report suggested the offender’s chances for rehabilitation were good and that there were compelling Gladue factors present which the sentencing judge failed to give genuine effect to the offender’s aboriginal status. The offender was an aboriginal offender who came before the court as essentially as first offender. The sentence was reduced from 23 months to 17 months imprisonment."[7]
R v Deyoung,
2016 NSPC 67 (CanLII), per Atwood J
NS PC 12 months
24 months probation
"The offender who had no prior record, aged 21, had vaginal and oral sex with a 14 year-old and was sentenced to 12 months imprisonment followed by 24 months probation." [8]
R v Menicoche,
2016 YKCA 7 (CanLII), per Sharkey JA
YK CA 17 months "the accused was 27 years old and the complainant was 15 when the accused had unprotected anal intercourse with the complainant while she was passed out. The accused did not know the complainant’s age, but knew that she was under 18 years old and had been drinking before she passed out. The complainant woke up during the assault and told him to stop, which the accused immediately did and apologized."
R v APSB,
2016 NSSC 29 (CanLII), per Chipman J
NS SC 1 year incarceration The offender plead guilty to sexual interference. He started a relationship with 13 year old online, believing she was 18. He stopped communication when it was discovered that she was under age. She pursued him and they started sexual relationship while she was 14. There was fellatio and cunnilingus multiple times. They had intercourse once. The offender was developmentally delayed. The sentence was a joint recommendation.
R v RDDG,
2014 NSSC 223 (CanLII), per Rosinski J
NS SC 5.5 years imprisonment (global)
5 years (sex assault)
breaches (6 months)
Offender was convicted at trial for molesting step-daughter while she between ages 10 to 13. Offence included simulated intercourse, oral sex and touching of vaginal area over clothing. Offender had no remorse. Limited record of breaches and thefts.
R v Fitzgerald,
2014 NSPC 1 (CanLII), per Atwood J
NS PC "The offender had sexual intercourse with a 14 year-old acquaintance and received a sentence of 2 years imprisonment followed by 18 months probation." [9]
R v HS,
2014 ONCA 323 (CanLII), per Epstein JA
ON CA 2 years imprisonment historical sexual assault from the 70s. The offender had intercourse with victim multiple times, made her pregnant. The crown appealed a CSO.
R v DTG,
2013 BCPC 156 (CanLII), per Gouge J
BC PC 4 years imprisonment historical sexual assault from the 80s. Sexual relationship with a 12 year old over two years.
R v Piche,
2013 SKQB 202 (CanLII), per Danyliuk J
SK SC 30 months The offender sexually assaulted 14 year old babysitter. He drove her to an isolated spot and had full intercourse. He did not have a record.
R v Garnet Lee Cole,
2013 NBPC 9 (CanLII), per Brien J
NB PC 12 years imprisonment historical sexual assault of 4 girls under the age of 14.
R v Smith,
2013 CanLII 12197 (NLSCTD), per Goodridge J
NL SC 11 years imprisonment parish priest sexually assault 31 children over 20 years.
R v Tremblett,
2013 CanLII 3552 (NLSCTD), per Goulding J
NL SC 32 months
R v Whiting,
2013 SKCA 101 (CanLII), per Whitmore JA
SK CA "The 19 year-old offender with no criminal record picked the 14 year-old complainant up and went to a nearby parking lot where they each removed their clothes and commenced sexual intercourse. When the complainant asked the offender to stop, he did. The sentence was increased from 6 months to 14 months."
R v Olawale,
2013 ONSC 4458 (CanLII)
ON SC 26 months "the 15-year-old victim went to a youth shelter but was unable to stay. The 29-year-old offered to take her to his home when he heard she had no place to stay, and sexually assaulted her there."
R v KDH,
2012 ABQB 471 (CanLII), per Manderscheid J
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), per Jackson JA
SK CA 3 years intercourse with three boys under age 16
R v Patey,
2012 CanLII 51735 (NLSCTD), per Seaborn J
NL SC 3.5 years imprisonment 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), per curiam (2:1)
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 DM,
2012 ONCA 520 (CanLII), per Feldman JA
ON CA 7 years imprisonment sexual assault of 15 year old over 3 years--offender in a position of trust
R v PK,
2012 MBCA 69 (CanLII), per Chartier JA
MB CA 36 months offender sexually assaulted two sisters over several years
R v King,
2012 ABQB 273 (CanLII), per Burrows J
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 (CanLII), per Whitmore J
SK SC 3.5 years imprisonment 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 (NLSCTD), per Stack J
NL SC 45 days female sexual asaulted 14 year old boy; intercourse for about 20 seconds
R v JMW,
2012 NSCA 9 (CanLII), per curiam
NS CA 2 years imprisonment sexual assault on 14 year old stepdaughter; multiple assaults; full intercourse
R v WHA,
2011 NSSC 246 (CanLII), per Rosinski J
NS SC * "in the absence of exceptional circumstances, an offender with no significant criminal record, who has committed a non-premeditated rape, will receive a sentence around three years in jail."[75]
R v CLJ,
2011 ABCA 321 (CanLII), per Costigan JA
AB CA 7 years imprisonment sexual assault causing bodily harm; choking; victim 6 years old, accused was uncle
R v JC,
2011 MBPC 71 (CanLII), per Harapiak J
MB PC 4 - 9 years victim 6-13 years old; sexual intercourse, violence over many years; pregnancy
R v Woodward,
2011 ONCA 610 (CanLII), per Moldaver JA
ON CA 6.5 years imprisonment victim age 12; luring over internet
R v AGA,
2010 ABCA 61 (CanLII), per curiam
AB CA 5 years imprisonment The offender was convicted of sex assault, invitation to sexual touching and interference. Offence occurred over several years. It included mutual touching of penises and one act of anal penetration. The offender was in a position of trust.
R v Revet,
2010 SKCA 71 (CanLII), per Sherstobitoff JA (2:1)
SK CA 18 months no record; victim age 14
R v Leigh,
2010 ONCJ 118 (CanLII), per Bourque J
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 Arcand,
2010 ABCA 363 (CanLII), per Fraser, Cote and Watson JJA
AB CA "an 18-year-old sexually assaulted the complainant while she was unconscious. Both were intoxicated. The sentencing judge accepted the defence proposal of 90 days imprisonment, served intermittently, plus three years’ probation. The sentence was varied on appeal to two years’ imprisonment less a day and two years’ probation."
R v Kasokeo,
2009 SKCA 48 (CanLII), per Cameron JA
SK CA "the female complainant felt intoxicated at a house party, lay down on a bed, and fell asleep. She awoke with her pants and underwear at her ankles and accused behind her engaged in sexual act with her. The 24-year old accused was sentenced to 15 months’ imprisonment, increased to 30 months on appeal."
R v AN,
2009 NSSC 186 (CanLII), per Beveridge J
NS SC 8 years Offender convicted of indecent assault, rape and incest. Between 1970 and 1976, he regularly had intercourse with daughter who was 12 years old at the beginning. Between 1974 and 1980, he regularly had intercourse with adopted daughter. The offender was 70 years old at sentencing. No prior record.
R v RJB,
2007 ABPC 61 (CanLII), per Semenuk J
AB PC 45 days sexual intercourse x 2 with child of 13 years
R v Pritchard,
2005 ABCA 240 (CanLII), per Fraser CJ (2:1)
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 (CanLII), per Hall J
NS SC 3 years conviction at trial offender placed his penis in child's vaginal area and anal area, caused significant pain.
R v RS,
2005 CanLII 45184 (ON CA), per curiam
ON CA 9 years imprisonment numerous sexual assault upon his children
R v Bossé,
2005 NBCA 72 (CanLII), per Deschênes JA
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 FAW,
, [2002] NSJ NO 567(*no CanLII links)
NS ? 6 years imprisonment Over a 10 year period, the offender assaulted his female daughter from the age of 4. The conduct included fondling, intercourse, and fellatio. He made threats against her to keep silent. The offence occurred while he was in his 20s. He was sentenced at the age of 68. He was in poor health and had no criminal record.
R v D(D),
2002 CanLII 44915 (ON CA), per Moldaver JA
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 ECM,
[2001] NSJ No 375(*no CanLII links)
NS ? 2 years imprisonment The offender had sexual intercourse with two young female step-daughters. He also penetrated one with a curling iron.
R v B(G),
(1999), 181 Nfld. & PEIR 1 (NLSC) {{{3}}}
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 WBS,
1992 CanLII 2761 (ABCA), per curiam
AB CA 5.5 years imprisonment "serious sexual assault" on child

Touching and Other Related Act

See Also