View source for Sexual Assault (Sentencing Cases) (Prior to 2000)

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{{Currency|October 2023}}
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{{seealso|Sexual Assault (Sentencing Cases)}}

==Digests==
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{{SpanYear2|1999}}
{{SCaseLong|{{CanLIIR-S|DWG|5s38|1999 ABCA 270 (CanLII)}}{{perABCA|Fraser ACJ}} |{{AB}}|CA| {{JailY|3.5}} minus remand| "Crown appeal of four month sentence plus one year probation for a sexual assault on the common‑law wife. The Respondent served four months in remand. The facts illustrated a violent attempt at rape. The victim, trying to sleep, was confronted by her common‑law husband who had been drinking. He slapped her, stripped her naked, choked her with one of his forearms across her throat, and attempted to have intercourse. He was too drunk to complete the sex act and she was eventually able to get away. The Court of Appeal took the view that the sentence was not fit. A sentence at first instance of three and one‑half years would have been appropriate. The sentence, however, was reduced to eight months due to the fact that the Respondent had already completed the custodial portion of his sentence and four months’ pre‑trial custody." {{Summfrom|JJW|ft00k#par22|2012 NSCA 96 (CanLII)}} {{findOthers|5s38}} {{keywords|intimate partner|beating|intercourse|intoxication}} }}

{{SpanYear2|1997}}
{{SCaseLong|{{CanLIIR-S|Van de Wiele|1mcrj|1997 CanLII 9695 (SKCA)}}{{perSKCA|Cameron JA}}|{{SK}}|CA| {{JailY|2.5}} | The offender, age 25, had drinks with victim at his house; attempted fondling and attempted penetration; victim got away; bruising found on victims body. {{FindOthers|1mcrj}} {{keywords|25-year-old offender|attempted intercourse|bruising}} }}

{{SCaseLong|{{CanLIIR-SN|C(SF)|, 192 Nfld. & PEIR 179}}|{{NL}}|SC|{{JailY|2.5}} | offender broke into residence, grabbed complainant, threatened her, full intercourse  {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|JR|27ptr|1997 CanLII 14665 (NLCA)}}{{perNLCA|Cameron JA}} |{{NL}}|CA|3 years | sexual intercourse with daughter; causing pregnancy {{FindSummaries|27ptr}} {{keywords|}}}}

{{SpanYear2|1995}}
{{SCaseLong|{{CanLIIRP-S|Cameron|234m8|1995 CanLII 8967 (PE SCAD)|, 1995 CarswellPEI 47, [1995] PEIJ No 163, 136 Nfld. & PEIR 105}}{{perPEICA| Carruthers CJ}}|PEI|CA | {{JailM|12}} | The offender was a doctor who touched several patients in a sexual manner. {{FindSummaries|234m8}} {{keywords|}} }}

{{SCaseLong|{{CanLIIRP-S|Roberts|1mdkf|1995 CanLII 3924 (SK CA)|128 Sask. R. 158}}{{perSKCA|Sherstobitoff JA}}| |{{SK}}|CA| | "the offender entered the victim’s bed when she and her boyfriend were asleep. The victim did not awaken due to her level of intoxication, but the boyfriend did, discovering the offender with his front against the victim’s back and moving “his buttocks in a rubbing action against the victim”. Pushing the offender away the boyfriend observed that the offender had an erection. There was insufficient evidence to prove penetration of any kind. The offender was 30 years old, married with four children, and was completing a business administration course. He had an alcohol abuse problem, and could not recall what happened during his binges. He did not have a criminal record and pled guilty. This Court allowed the Crown’s appeal and increased the sentence from six months to two and one-half years."  [https://canlii.ca/t/g8vg2#par15] {{FindSummaries|1mdkf}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|SDM|1xcpz|1995 CanLII 7469 (NS SC)}} |{{NS}}|SC| | "Twenty‑six year old offender with driving offences sentenced to two years’ imprisonment for sexual assaults on common‑law spouse. Record did not manifest violence, though indicated a lack of control and responsibility on the offender’s part;" {{FindSummaries|1xcpz}} {{keywords|}} }} 

{{SpanYear2|1994}}
{{SCaseLong|{{CanLIIRP-S|TVG|1xcpt|1994 CanLII 7588 (NS SC)|, 133 NSR (2d) 299 (NSSC)}}{{perNSSC-H|Bateman J}} |{{NS}}|SC| 2 years, 8 months | "The offender and victim had been separated a few days before the offence. The offender called her the night preceding the offence causing the victim to be afraid. She took her children next door to her father’s house. When she returned to pick up some clothing, the offender confronted her, forced her into the bedroom, and raped her despite her struggles. The offender questioned the victim about her boyfriends as he repeatedly penetrated her. The Court viewed the assault on the former common‑law wife as aggravating. The accused came from a stable, hard‑working family. Offender and victim had two daughters. Victim Impact Statement demonstrated nervousness on behalf of the common‑law wife. Sentence: two years and eight months’ incarceration;" [https://www.canlii.org/en/ns/nsca/doc/2012/2012nsca96/2012nsca96.html] {{FindSummaries|1xcpt}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|RH|2dbf3|1994 ABCA 21 (CanLII)|149 A.R. 230 (Alta. C.A.)}}{{perABCA|Bielby J}} |{{AB}}|CA| | "the offender forced his common‑law spouse to have non‑consensual sexual intercourse.  The parties subsequently reconciled and married.  The Court of Appeal increased the sentence from six months imprisonment to 15 months.  It stated that a proper sentence was 18 months but the fact that the accused had already served the sentence created an expectation on his part.  Neither the reconciliation or marriage justified a reduction in sentence. " {{FindSummaries|2dbf3}} {{keywords|intercourse|intimate partner}} }} 

{{SCaseLong|{{CanLIIR-S|Richard|1mqcf|1994 CanLII 3969 (NSCA)}}{{perNSCA|Roscoe JA}} | {{NS}} |CA| {{JailY|7}} | 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. "[T]he victim was followed out of the cabaret at 3 a.m. by the offender who grabbed her by the neck and pulled a significant distance while constantly making threats to kill her.  He pulled her to the ground, restrained her hands and then forcibly performed both vaginal intercourse and fellatio on her.  The offender had a long prior record and given the prolonged and vicious nature of the attack, the Court of Appeal dismissed the appeal in holding that denunciation and deterrence were to be emphasized and that the seven year sentence imposed by the trial Judge stood;" {{summfrom|Lemoine|g7x2m#par38|2014 NSPC 49 (CanLII)}} {{FindOthers|1mqcf}} {{keywords|strangers|intercourse}} }}

{{SpanYear2|1993}}
{{SCaseLong|{{CanLIIR-S|Cappo|20thg|1993 CanLII 6671 (SK CA)|116 Sask. R. 15}}{{perSKCA|Jackson JA}} |{{SK}}|QB| {{JailY|3}} | "the victim had passed out in a bedroom after a party. She awoke to find her pants and panties removed and the offender on top of her attempting to penetrate her. She asked him to stop and he did so only after she vomited. There was no penetration. The offender was 22 years old at the time of trial, was in a stable common law relationship and employed as a band administrator. He did not have a criminal record and enjoyed strong family support. This Court increased the sentence from 22 months to three years imprisonment." [https://canlii.ca/t/g8vg2#par14]  {{FindOthers|20thg}} {{keywords|}} }}

{{SpanYear2|1992}}
{{SCaseLong|{{CanLIIRP-S|Richardson|gcpw0|1992 CanLII 12753 (ON CA)|74 CCC 15 (Ont CA)}}{{perONCA|Carthy JA}} | {{ON}} |CA| {{JailY|2}} | infatuated with victim, broke into apartment, offender was intoxicated former lover {{FindSummaries|gcpw0}} {{keywords|}} }}

{{SpanYear2|1991}}
{{SCaseLong|{{CanLIIR-S|Cameron|gctvz|1991 CanLII 11859 (MB CA)|(1991) 75 Man. R. 290 (CA)}} |{{MB}}|CA| {{JailY|3}} | picked up victim in car and drove to isolated area {{FindSummaries|gctvz}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|DAW|1xcq4|1991 CanLII 4533 (NSCA)}}{{perNSCA|Matthews JA}}| {{NS}} |CA | {{JailM|8}} | victim woke up to accused performing oral sex on her. {{FindSummaries|1xcq4}} {{keywords|}}}}

{{SpanYear2|1985}}
{{SCaseLong|{{CanLIIR-S|Sandercock|1nnwv|1985 CanLII 104 (AB C.A.)}}{{perABCA|Kerans JA}} |{{AB}}|CA|{{JailY|4.5}}| drive victim to secluded spot and accosted her {{FindSummaries|1nnwv}} {{keywords|}}}}

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==See Also==
* [[Sexual Assault (Sentencing Cases) (2020 to present)]] (Adult Victim)
* [[Sexual Assault (Sentencing Cases) (2000 to 2019)]] (Adult Victim)
* [[Sexual Assault of Person Under 16 (Sentencing Cases) (Pre-Friesen)]]
* [[Sexual Assault of Person Under 16 (Sentencing Cases) (Post-Friesen)]]