Sexual Assault (Sentencing Cases) (2020 to present)
| This page was last substantively updated or reviewed May 2024. (Rev. # 92780) |
- < Sentencing
- < Cases
| ||||||||
Digests
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Hutton, 2024 ABKB 251 (CanLII), per Inglis J | AB  |
SC | Find summaries of case. | |
| R v DP, 2023 ABKB 363 (CanLII), per Feth J | AB |
SC | "the Court found that unprotected sex exposes a victim to unwanted pregnancy or disease and is an aggravating factor, as is significant impact on the victim. Notably in that case, the learned sentencing judge noted that the offender was youthful and had good prospects of rehabilitation. Finally, the Court acknowledged the primary sentencing objectives are denunciation and deterrence, but that rehabilitation for this offender was an important factor. The offender was sentenced to four years. The sentencing judge then considered the issue of a SOIRA order in light of R v Ndhlovu, 2022 SCC 38 , which found that mandatory registration violates section 7 of the Charter, however postponed the issue of a SOIRA exemption until a risk assessment was done."
| |
| R v DP, 2023 ABCJ 113 (CanLII), per Tibbitt J | AB |
PC | Find summaries of case. | |
| R v Quintero-Gelvez, 2023 ABCA 64 (CanLII), per curiam | AB |
CA | "the Alberta Court of Appeal upheld the trial judge’s sentence of 4.5 years for the sexual assault on an unconscious victim notwithstanding finding that the trial judge had improperly applied the law of starting point sentences. In that case, the victim passed out from drinking and woke to find one man vaginally penetrating her while Quintero-Gelvez held her hands. She told the men to stop but they continued for a couple of minutes. The trial judge erred in finding the starting point sentence binding as this conflicts with Parranto. However, the court found that the result was fit and the reasoning of the Judge correct. " Find summaries of case. | |
| R v Sulub, 2023 ABKB 431 (CanLII), per Leonard J | AB |
SC | Find summaries of case. | |
| R v KC, 2023 ABCJ 148 (CanLII), per Hinkley J | AB |
PC | Find summaries of case. | |
| R v Simkins, 2023 ABPC 30 (CanLII), per Fradsham J | AB |
PC | "The offender Simkins and the complainant were friends. While visiting Simkins at his home, the complainant and Simkins began consensual kissing. The kissing progressed and Simkins removed the complainant’s underwear with the assistance of the complainant. Then Simkins began performing oral sex on the complainant without obtaining consent for that act. The complainant appeared startled and, after about 10 seconds, Mr. Simkins stopped performing oral sex on the complainant." [1] Find summaries of case. | |
| R v Zerbin, 2023 BCPC 54 (CanLII), per Gouge J | BC  |
PC | Find summaries of case. | |
| R v TCST, 2023 BCSC 1656 (CanLII), per Ker J | BC |
SC | Find summaries of case. | |
| R v Daychief, 2023 BCPC 62 (CanLII) | BC |
PC | Find summaries of case. | |
| R v Hay, 2023 ABCJ 191 (CanLII), per Pepper J | AB |
PC | Find summaries of case. | |
| R v Hart, 2023 BCSC 933 (CanLII), per Solrood J | BC |
SC | Find summaries of case. | |
| R v B-Q, 2023 BCSC 671 (CanLII) | BC |
SC | Find summaries of case. | |
| R v Saffarpour, 2022 ABPC 243 (CanLII), per Stirling J | AB |
PC | "Mr. Saffarpour plead guilty to sexual assault. He approached a woman on the LRT platform in Calgary and first asked her to call a cab for him, and when she demurred, he then made sexual advances and crude comments to her, which she ignored. As she got on the LRT he grabbed her lower body, his fingers touching her buttocks and vaginal area as he continued to make crude advances. The event was captured on CCTV and he was arrested shortly after. He pled guilty. The court has a PSR which indicated that the accused was remorseful and had taken extensive counselling to address his behavior. He was attending school (Business Administration) had a variety of jobs and was currently employed for by a car rental company in the management trainee program. He has the support of a close family. Also submitted were four character reference letters. The accused had no record. Justice Stirling imposed a conditional discharge and 36 months or probation." (Quoting from R v Alashal, 2024 ABCJ 96 (CanLII)), at para 64 Find summaries of case. | |
| R v GDL, 2022 BCSC 940 (CanLII), per Smith J | BC |
SC | Find summaries of case. | |
| R v Hadni, 2022 ABPC 195 (CanLII), per MacDonald J | AB |
PC | Suspended Sentenceplus 12 months probation | "Mr. Hadni plead guilty to a single count of sexual assault against two complainants. Both the complainants were tenants in the same condominium that he resided in. With regard to the first complainant, he met her in the foyer and asked to see the layout of her apartment. She agreed. Once in the apartment he told her he loved her and embraced her. She pushed him away and asked him to leave. He did. However, he returned 15 minutes later bearing desserts. He was told to leave but would not. He touched her foot, then kissed it despite being told not to touch her. He was told to leave; he would not. She told him he had to leave and escorted him to the door. He again embraced her and tried to kiss her. Eventually she got the accused out.
... Mr. Hadni met another female neighbour in the lobby. He helped her carry a table into her suite. He then tried to kiss her hand, which she refused. He left, then returned again 20 minutes later asking to borrow a screwdriver. He entered her suite. She tried to usher him out. At the door he told her he loved her, and hugged her. She released herself from Mr. Hadni’s grip, he then grabbed the back of the complainant’s neck to pull her head to kiss her. She pushed him out of the apartment. ... Mr. Hadni was 32 at the time of the offence. He is married with a child. In 2021 he graduated from a trade school in Morocco with a diploma in hospitality and restaurant services. In March of 2020 he was sponsored by his sister to emigrate to Canada. He was on a work visa which expired March 30, 2022. The above events occurred in August of 2020. Because of these charges Mr. Hadni lost his employment. Crown was seeking a suspended sentence of 24 months; defence a conditional discharge. Justice Groves decided that a fit an appropriate sentence was 12 month suspended sentence. In particular she noted that there were two complainants and that the psych report tendered indicated a lack of insight into his offending behavior. Consequently, she declined the application for a discharge. The sentence was appealed to King’s Bench. Justice Inglis upheld the sentence, finding no error in the lower court’s failure to grant a discharge: see 2023 ABKB 194."(Quoting from R v Alashal, 2024 ABCJ 96 (CanLII))
|
| R v Moore, 2022 ABKB 816 (CanLII), per Friesen J | AB |
SC | "the complainant and offender engaged in rough consensual sex, which included kissing, biting, penile-vaginal penetration, and cunnilingus. The offender bit the complainant on her breasts. The complainant told the offender to stop biting her. While performing cunnilingus, which was consensual, the offender bit the complainant’s vagina. The complainant told the offender to stop, which he did. The bite caused the complainant’s vagina to bleed and tear. The complainant committed suicide three years later. Justice Friesen rejected defence counsel’s submission that a conditional sentence was appropriate in the circumstances and sentenced the offender to three years of incarceration." Find summaries of case. | |
| R v Caplette, 2022 BCPC 80 (CanLII), per Silverman J | BC |
PC | Find summaries of case. | |
| R v AJK, 2022 ONCA 487 (CanLII), per Fairburn ACJ | ON  |
CA | 5 years imprisonment | "After trial the accused was found guilty of assault, sexual assault, and breach of probation. The accused and victim had been dating. The accused demanded to know if she had been sexually active since the last time, he had seen her. He drove to a parking lot and then forced non-consensual intercourse on the victim. During the incident he choked her. When she attempted to retrieve her belongings and leave, he started punching her. The accused had a prior record which included communicating with an underage person for the purpose of prostitution."[2] Find summaries of case. |
| R v Holland, 2022 ONSC 1540 (CanLII), per Schreck J | ON |
SC | 8 months CSO | "the complainant was intoxicated at a club and was invited to the “VIP” area by the offender, who was the club promoter. The offender kissed the complainant, pulled down her pants, and penetrated her vagina with what she believed to be his penis or finger. The complainant said, “stop,” and the offender did. The sexual assault lasted 10 to 15 seconds. The offender had no criminal record and lost his job as a result of the conviction. The amendments to the CSO provisions of the Criminal Code had yet to come into force, but Justice Schreck also found that the prohibition against conditional sentences for an indictable sexual assault conviction was of no force and effect because it violated the Charter." [3] see also: [4] Find summaries of case. |
| R v GDL, 2022 BCSC 940 (CanLII), per Smith J | BC |
SC | "The offender and the complainant lived together in an on‑again/off‑again relationship. Following an argument, the offender had penetrative vaginal sex with the complainant, which he believed was consensual. However, the judge found it to be non‑consensual. The judge imposed a sentence of 12 months in custody plus two years' probation." Find summaries of case. | |
| R v Abreha, 2022 ABKB 830 (CanLII), per Yamauchi J | AB |
SC | "the court imposed a sentence of 3.9 years on an offender who had sex with an unconscious woman, causing her to become pregnant. The court found her unconsciousness, as well as the unprotected nature of the sex, to be aggravating factors. The court found that the complainant’s “passed out” state was aggravating. The court noted that, while an act of penetrative sex is highly violative, it was not additionally aggravating as it is already built into the understanding of major sexual assault (para 63)." [5] Find summaries of case. | |
| R v Sandhu, 2022 ABQB 332 (CanLII), per Loparco J | AB |
SC | "the Alberta Court of King’s Bench imposed a sentence of 5 years on a man who forced vaginal intercourse with the complainant. The complainant was with the offender and two other men in a motor vehicle. She did not consent to any sexual activity. She was confined by the men in the motor vehicle for up to 30 minutes and sexually assaulted vaginally by all three of them. The complainant was 18 years old and indigenous." [6] Find summaries of case. | |
| R v TCF, 2022 ABKB 643 (CanLII), per deWit J | AB |
SC | "the 17-year-old complainant agreed to have rough sex with the offender and 2 other individuals. At one point, she withdrew her consent by making sounds which indicated she was in pain and by saying “no.” The offender took no steps to ensure that consent remained and instead persisted in having her perform oral sex on him for some 39 seconds." [7] Find summaries of case. | |
| R v Cummings, 2022 ABPC 191 (CanLII), per Brown J | AB |
PC | "the Alberta Court of Justice sentenced an offender to 2 years less a day plus probation for an act of nonconsensual, anal unprotected sex. The offender had met up with the complainant to have sex but the agreement was that a condom must be used for anal sex. The offender ignored this agreement and held the complainant’s hands down so that he could have unprotected anal sex. The offender was HIV positive, although it was not proven that he knew that at the time. The court noted that the seriousness of the crime was not diminished because it began as a consensual encounter (para 30)." [8] Find summaries of case. | |
| R v KP, 2022 SKQB 66 (CanLII), per MacMillan-Brown J | SK  |
SC | Upheld at 2023 SKCA 56 (CanLII) Find summaries of case. | |
| R v Sium, 2022 SKQB 24 (CanLII), per Robertson J | SK |
QB | Find summaries of case. | |
| R v ARJP, 2022 BCPC 134 (CanLII), per Lee J | BC |
PC | 12 months imprisonment | Find summaries of case. |
| R v WFG, 2022 BCSC 1394 (CanLII) | BC |
SC | "the offender, a 49-year-old Indigenous male, was found guilty following trial of having assaulted an 18-year-old Indigenous victim by placing his fingers in her vagina as she lay asleep or passed out in a vehicle." Find summaries of case. | |
| R v GT, 2022 ONSC 2619 (CanLII), per James J | ON |
SC | 8 month CSO | "the offender and the complainant had consensual oral sex and vaginal intercourse. The offender attempted to insert his penis into her anus and she told him no. Later, while performing oral sex, the offender put his finger in her anus. She told him again to stop. He did it again. The offender was 23 years old with no criminal record. The Crown proceeded by indictment. The CSO amendments to the Criminal Code had yet to come into force. However, Justice James found that the prohibition against conditional sentences for an indictable sexual assault conviction was of no force and effect because it violated the Charter. The offender was sentenced to a 12-month CSO." [9] Find summaries of case. |
| R v Bertacco, 2021 BCSC 597 (CanLII), per Crerar J | BC |
SC | 16 months imprisonment | "The offender engaged in a sexual assault of a young person which lasted approximately 40 minutes and caused both physical and psychological injury. The offender was Indigenous and was also a young person." see also [10] Find summaries of case. |
| R v Stewart, 2021 BCPC 303 (CanLII), per Dhillon J | BC |
PC | Find summaries of case. | |
| R v Nikdima, 2021 SKCA 60 (CanLII), per Whitmore JA | SK |
CA | " Court of Appeal substituted a sentence of 3.6 years up from the 3 years the trial court imposed for a sexual assault causing bodily harm. In Nikdima the offender met the complainant on a dating website. The two parties went on a date and there was some consensual kissing. After this, the offender forced digital, vaginal, and anal sex on the complainant. He ejaculated while in the course of forced anal intercourse, ignoring her screams. She suffered a 3 cm laceration to her anus." [11] Find summaries of case. | |
| R v BJR, 2021 NSSC 26 (CanLII), per Muise J | NS  |
SC | 3 years imprisonment | "Mr. R. sexually assaulted his 16-year old daughter, on one occasion, including by removing her shorts and performing cunnilingus. He pled guilty. He had no prior record. He expressed remorse; but took few steps towards rehabilitation." [12] Find summaries of case. |
| R v Carson, 2021 NSPC 1 (CanLII), per van derk Hoeck J | NS |
PC | 5 months CSO | Find summaries of case. |
| R v Browne, 2021 ONSC 6097 (CanLII), per McArthur J | ON |
SC | CSO | Complainant was intoxicated. Find summaries of case. |
| R v Robert, 2021 BCSC 712 (CanLII), per Gomery J | BC |
SC | "The Indigenous offender and the complainant were engaged in consensual vaginal intercourse when the offender forcefully anally penetrated the complainant. The complainant suffered physical and psychological injuries. The judge imposed a sentence of two years plus two years' probation." Find summaries of case. | |
| R v Webber, 2021 BCSC 1194 (CanLII), per Duncan J | BC |
SC | Find summaries of case. | |
| R v Percy, 2021 NSSC 353 (CanLII), per Brothers J | NS |
SC | 4 years imprisonment | "The accused pleaded guilty to three offences; sexual assault causing bodily harm, intent to choke, and assault. The accused and victim were long time friends. They socialized and shared drinks. While watching a movie and seated on the couch the accused got on top of her, pushed her down and forced intercourse. She suffered bruising and a bite mark on her arm. After the assault the accused was described as being smug and asked to her, “Don’t I get a hug goodbye?”. The accused had no prior record and after assessment was deemed to be a moderate to high risk to reoffend. He accepted responsibility and was remorseful during the sentencing hearing. He had continued family supports which spoke to his prospects for rehabilitation." [13] Find summaries of case. |
| R v Chugh, 2020 ABPC 247 (CanLII), per Fraser J | AB |
PC | Suspended Sentenceplus 12 months probation | "This was a conviction after trial. The accused went to a massage business to get a massage. During the massage he grabbed the masseuse’s thigh and butt a number of times, touched her stomach under her shirt and attempted to kiss her. At one point he pulled her onto him and kissed her chest. He asked her if he could kiss her and simulated blowing kisses. At one point he became aroused and was touching his genitals. The Court reviewed an extensive number of cases concerning discharges for sexual assaults. The court also considered that there were a number of reference letters. The court accepted that the accused was of good character. Also before the court was a letter from an immigration lawyer opining that if the accused were convicted he would likely be subject to a removal order under the IRPA. Justice Fraser characterized the assaults as serious. He found that it would be contrary to the public interest to grant a discharge. He imposed a suspended sentence of 12 months probation." (Quoting from R v Alashal, 2024 ABCJ 96 (CanLII))
|
| R v Fisher, 2020 NSSC 325 (CanLII), per Jamieson J | NS |
SC | 27 months imprisonment | "a sentence of 27 months was imposed after trial on a 26 year old youth pastor who started a long term sexual relationship with a young church volunteer, which included 5 months of sexual intercourse once the victim turned 17 years old." Find summaries of case. |
| R v Al-Rawi, 2020 NSSC 386 (CanLII), per Moir J | NS |
SC | 2 years imprisonment | "Offender, a taxi driver, picked up an intoxicated stranger, took her to his apartment and had sex with her. The offender, who had a good pre-sentence report, was sentenced to two years imprisonment."
|
| R v Fisher, 2020 NSSC 325 (CanLII), per Jamieson J | NS |
SC | 27 months imprisonment | "A 29-year-old church pastor, abusing his position, engaged in sexual activity with a 17-year-old church member, over 5 months, until she turned 18. The church was the centre of her life. The offences included kissing, touching, digital penetration, oral sex and sexual intercourse. The pastor was sentenced following conviction. The Court imposed a 27-month sentence, and would have imposed a three-year sentence, but for the mitigating features. They included: the lack of a criminal record; that he was a contributing member of society who volunteered extensively; he had significant support from family and friends; he led a largely prosocial life; he had undergone counselling and indicated a willingness to attend further counselling; he had furthered his education since being terminated from his position at the church; he had worked hard since leaving Jamaica to attain considerable educational success; and, he had no substance issues and substance was not a factor in the offence. There was also a Cultural Impact Assessment prepared which noted the impacts of race and culture on the offender, including: historical and contemporary systemic racism; poverty as it relates to cultural expectations and social/emotional development; impacts of cultural codes on mental wellness; the over-representation of African Canadians in prison; and, services and resources that should be made available to the offender to support rehabilitation and reintegration. There were many more incidents in that case than in the case at hand. However, the level of breach of trust was significantly less and the offender's efforts towards rehabilitation were considerably greater, than in the case at hand. In addition, Mr. R. has not experienced the same impacts of race and culture. Therefore, comparing the circumstances in their totality, would support imposing a higher sentence on Mr. R." [14] Find summaries of case. |
| R v Carter, 2020 ONSC 3642 (CanLII), per Corrick J | ON |
SC | "In September 2016, Mr. Carter, who was 22 years old, began corresponding through Facebook Messenger, with the two complainants, his cousin, D.S. and her friend, L.D. The messages were often sexual in nature. Both girls were 14 years old and had just started grade nine. ... On October 5, 2016, Mr. Carter met the two complainants on the grounds of Hodgson Middle School. Mr. Carter kissed L.D. The three of them left the school grounds and walked around a cemetery. Mr. Carter made repeated sexual advances on L.D. while they were at the school, in the cemetery, and in a wooded area. Mr. Carter had unprotected vaginal intercourse with L.D. in the wooded area. ...Mr. Carter and the two complainants went into a shed on the top of an office building. There, he had unprotected oral sex and vaginal intercourse with both girls. Mr. Carter ejaculated once onto his shirt, and once in D.S.’s mouth. He asked her to swallow his semen, which she did." Joint recommendation. Find summaries of case. | |
| R v SL, 2020 NSSC 381 (CanLII), per Murray J | NS |
SC | 2 years imprisonment | Find summaries of case. |
| R v Dhaliwal, 2020 BCPC 215 (CanLII), per Blake J | BC |
PC | Find summaries of case. | |
| R v LJP, 2020 BCPC 270 (CanLII) | BC |
PC | "the Aboriginal offender with significant Gladue factors plead guilty to a sexual assault in similar circumstances to those here. As with L.M., the victim was devastated by the offence since she trusted him “like a brother”. The offender had a lengthy record but not involving any sexual assaults. Another mitigating factor was the offender’s serious health condition." Find summaries of case. | |
| R v PAC, 2020 BCPC 284 (CanLII), per Keyes J | BC |
PC | Find summaries of case. | |