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| | #REDIRECT [[Sexual Assault (Sentencing Cases)]] |
| {{HeaderSentCases}}
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| {{OffencesBoxMini|Sexual Assault}}
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| ==Full Intercourse==
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| {{seealso|Sexual Assault, Touching or Attempts (Sentencing Cases)}}
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| {{SCaseHeaderLong}}
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| {{SCaseLong|{{CanLIIR-S|Fisher||2020 NSSC 325 (CanLII)}}| NS | SC| 27 months | "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." [https://decisia.lexum.com/nsc/nssc/en/item/491987/index.do] }}
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| ; Prior to April 2020 (R v Friesen)
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| {{SCaseLong|{{CanLIIR-S|CWZ|hsgbw|2018 ONSC 3478 (CanLII)}}{{perONSC|Akhtar J}} | ON |SC| 6 years (global) | The offender was convicted of sexual assault against his wife and daughter. }}
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| {{SCaseLong|{{CanLIIR|FHL|hq2qs|2018 ONCA 83 (CanLII)}}{{perONCA|Epstein JA}}| ON |CA| {{JailY|8}} | The offender sexually assaulted his girlfriend's 12 year old daughter. The victim gave birth to a child. }}
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| {{SCaseLong|{{CanLIIR-S|Meyers|gww6z|2017 SKQB 4 (CanLII)}}{{perSKQB|McMurtry J}} | 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.}}
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| {{SCaseLong|{{CanLIIR-S|DS|fx32m|2013 ONCA 244 (CanLII)}}{{perONCA|MacPherson JA}} | ON |CA| {{JailY|12}} | sexual assault on wife}}
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| {{SCaseLong|{{CanLIIR-S|Moosomin|fsz5x|2012 SKQB 386 (CanLII)}}{{perSKQB|Zarzeczny J}}| SK|SC| {{JailM|33}} |}}
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| {{SCaseLong|{{CanLIIR-S|DS|fqs9m|2012 SKQB 118 (CanLII)}}{{perSKQB|Acton J}} | SK|SC| {{JailM|30}} | forced intercourse with ex-partner.}}
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| {{SCaseLong|{{CanLIIR-S|Freake|fq5m3|2012 NLCA 10 (CanLII)}}{{perNLCA|Welsh and Rowe JJA}}|NL|CA | {{JailY|4}} | force intercourse between partners.}}
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| {{SCaseLong|{{CanLIIR-S|RK|fpsv9|2012 SKPC 17 (CanLII)}}{{perSKPC|Klause J}}|SK|PC| {{JailM|18}} |historical sexual assault (1982), sexual intercourse with step daughter}}
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| {{SCaseLong|{{CanLIIR-S|PN|fp2w6|2011 NLTD 158 (CanLII)}}{{perNLSC|Goodridge J}}|NL|SC | {{JailY|3}} | intercourse with teenage niece, threatened if she called police}}
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| {{SCaseLong|{{CanLIIR-S|NKP|fp7rb|2011 ABCA 361 (CanLII)}}{{perABCA|Slatter JA}} |AB|CA| {{JailY|9}} | assaulted 7 family members; recorded some on video}}
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| {{SCaseLong|{{CanLIIR-S|Murphy|2fn2v|2011 NLCA 16 (CanLII)}}{{perNLCA|Welsh JA}}|NL|CA| {{JailY|3.5}}| forced intercourse in front seat of vehicle, prior record for violence.}}
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| {{SCaseLong|{{CanLIIR-S|IKL|2fbtq|2011 NLTD 7 (CanLII)}}{{perNLSC| Seaborn J}} |NL|SC| {{JailY|3}} | numerous incidents of intercourse with a minor}}
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| {{SCaseLong|{{CanLIIR-S|Dorah|fnq0c|2011 ONSC 6503 (CanLII)}}{{perONSC| MacDonnell J}}|ON|SC| {{Jail2YLess}} | forced intercourse in a dating couple}}
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| {{SCaseLong|{{CanLIIR-S|Berens|fnnmd|2011 MBQB 255 (CanLII)}}{{perMBQB|Schulman J}}|MB|SC
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| | {{Jail2YLess}} | intercourse while asleep; no remorse; gladue factors}}
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| {{SCaseLong|{{CanLIIR-S|AN|2bn65|2010 ONCJ 288 (CanLII)}}{{perONCJ|Diguseppe J}} |ON|PC
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| | {{Jail2YLess}} | parties knew each other; moderate use of force; accused intoxicated}}
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| {{SCaseLong|{{CanLIIR-S|RRW|2c5xd|2010 NLTD 135 (CanLII)}}{{perNLSC|Goodridge J}} |NL|SC| {{JailY|4}} | broke into residence of 14 year old niece, full intercourse, threatened victim if she called police}}
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| {{SCaseLong|{{CanLIIR-S|Kasokeo|239mc|2009 SKCA 48 (CanLII)}}{{perSKCA|Cameron JA}}|SK|CA | {{JailM|27}} |sleeping victim; appeal from 15 months jail; "probably" full intercourse}}
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| {{SCaseLong|{{CanLIIR-S|Zarpa|26h8k|2009 NLTD 175 (CanLII)}}{{perNLSC|Goodridge J}} |NL|SC |{{JailY|3.5}} | intercourse with sleeping woman}}
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| {{SCaseLong|{{CanLIIR-S|DBR|20qt7|2008 ONCJ 412 (CanLII)}}{{perONCJ|McGrath J}} |ON|PC| {{JailY|10}} (JR) | sexual assault x 3; sexual touching of minor x 2; confinement x 1. Occurred over several years }}
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| {{SCaseLong|{{CanLIIR-S|Woods|1whbq|2008 SKCA 40 (CanLII)}}{{perSKCA|Richards JA}} |SK|CA| {{JailM|22}} | confinement, violence, digital penetration, intercourse, prolonged }}
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| {{SCaseLong|{{CanLIIR-S|Byer|1t8p5|2007 ONCA 694 (CanLII)}}{{TheCourtONCA}} |ON|CA| {{JailY|6}} | administered drug and performed unprotected sex on 4 victims; occurred over 15 years }}
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| {{SCaseLong|{{CanLIIR-S|Law|1rszf|2007 ABCA 203 (CanLII)}}{{TheCourtABCA}} |AB|CA| {{JailY|3}} | victim passes out at a party; digital penetration, full penetration}}
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| {{SCaseLong|{{CanLIIR-S|Marriott|22ccz|2007 NSSC 99 (CanLII)}}{{perNSSC|Robertson J}}| NS|SC| {{CSOM|12}} | Offender touched breast and vagina of female aged 22. Victim had intellectual deficits. }}
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| {{SCaseLong|{{CanLIIR-S|Rich|fsx7t|2006 NLTD 84 (CanLII)}}{{perNLSC|Fowler J}}|NL|SC| {{JailY|3}} | forced intercourse}}
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| {{SCaseLong|{{CanLIIR-S|F(EW)|fsxbs|2006 NLTD 91 (CanLII)}}{{perNLSC|Seaborn J}} | NL|SC| {{JailM|18}} | intercourse with adult sister while she was asleep, alcohol involved.}}
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| {{SCaseLong|{{CanLIIRP-S|GLJP|4rm3|2003 NSSC 168 (CanLII)| [2003] NSJ No 509}}{{perNSSC|A Boudreau J}} | NS| SC | {{JailY|10}} | The offender was convicted of aggravated sexual assault, sexual assault of a weapon, unlawful confinement, and uttering threats. His girlfriend tried to break up with him and so he tortured her over 3 hours. He slashed her face with a knife, splitting her lip and then had intercourse with her on a chair.}}
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| {{SCaseLong|{{CanLIIR-SN|RH|, [2003] NJ No. 336 (CA)}} |NL|CA| {{JailM|6}} | non-consentual sexual intercourse with spouse. }}
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| {{SCaseLong|{{CanLIIR-S|Kinde|58jt|2002 BCCA 233 (CanLII)}}{{perBCCA|Southin JA}} |BC|CA|{{JailY|7}}| forced sexual intercourse with victim on 4 occasions; bodily harm }}
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| {{SCaseLong|{{CanLIIR-S|S(JS)|1f95l|2001 MBCA 144 (CanLII)}}{{perMBCA|Twaddle JA}} (2:1) |MB|CA| {{JailM|30}} | sleeping victim}}
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| {{SCaseLong|{{CanLIIR-SN|C(SF)|, 192 Nfld. & P.E.I.R. 179}}|NL|SC|{{JailY|2.5}} | offender broke into residence, grabbed complainant, threatened her, full intercourse}}
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| {{SCaseLong|{{CanLIIR-S|JR|27ptr|1997 CanLII 14665 (NLCA)}}{{perNLCA|Cameron JA}} |NL|CA|3 years | sexual intercourse with daughter; causing pregnancy}}
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| {{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]}}
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| {{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.}}
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| {{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}}
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| {{SCaseEnd}}
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| ==See also==
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| * [[Sexual Assault, Touching or Attempts (Sentencing Cases)]]
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| * [[Sexual Assault of Person Under 16 (Sentencing Cases)]]
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