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| | #REDIRECT [[Sexual Assault (Sentencing Cases)]] |
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| {{Currency|October 2023}}
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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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| {{SCaseLong|{{CanLIIR-S|Hay|jzw4l|2023 ABCJ 191 (CanLII)}}{{perABCJ|Pepper J}} |AB|PC| | }}
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| {{SCaseLong|{{CanLIIR-S|Hart|jzb0s|2023 BCSC 933 (CanLII)}}{{perBCSC|Solrood J}} | BC|SC| | }}
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| {{SCaseLong|{{CanLIIR-S|B-Q|jwx5j|2023 BCSC 671 (CanLII)}} | BC|SC| | }}
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| {{SCaseLong|{{CanLIIR-S|GDL|jpmvs|2022 BCSC 940 (CanLII)}}{{perBCSC|Smith J}} | BC|SC| | }}
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| {{SCaseLong|{{CanLIIR-S|Moore|jtc4z|2022 ABKB 816 (CanLII)}}{{perABKB|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."}}
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| {{SCaseLong|{{CanLIIR-S|Caplette|jp1hk|2022 BCPC 80 (CanLII)}}{{perBCPC|Silverman J}} | BC | PC| | }}
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| {{SCaseLong|{{CanLIIR-S|AJK|jpxxh|2022 ONCA 487 (CanLII)}}{{perONCA|Fairburn ACJ}} | ON|CA| {{JailY|5}} | "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."[https://canlii.ca/t/jz8tg#par68] }}
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| {{SCaseLong|{{CanLIIR-S|Holland|jnkd4|2022 ONSC 1540 (CanLII)}}{{perONSC|Schreck J}} |ON|SC| 8 month 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." [https://canlii.ca/t/jvbq8#par83] }}
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| {{SCaseLong|{{CanLIIR-S|Robert|jfdn5|2021 BCSC 712 (CanLII)}}{{perBCSC|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." }}
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| {{SCaseLong|{{CanLIIR-S|Percy|jlg7w|2021 NSSC 353 (CanLII)}}{{perNSSC|Brothers J}} |NS|SC | {{JailY|4}} | "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." [https://canlii.ca/t/jz8tg#par71] {{keywords|joint recommendation}} }}
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| {{SCaseLong|{{CanLIIR-S|Fisher|jbn7w|2020 NSSC 325 (CanLII)}}{{perNSSC|Jamieson J}}| 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-S|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|Adubofour-Poku|h4jx2|2017 BCPC 192 (CanLII)}}{{perBCPC|RP Harris J}} | BC|PC| | }}
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| {{SCaseLong|{{CanLIIR-S|CBK|ggmg1|2015 NSSC 62 (CanLII)}}{{perNSSC|Gogan J}} |NS|SC|{{JailY|4.5}}| "After trial the accused was found guilty of six offences: sexual assault, unlawful confinement, assault causing bodily harm, two counts of uttering threats, and theft. The accused and victim were in a common law relationship. Prior to the events before the court there had been no history of violence within the relationship. The offender suspected the victim had been unfaithful with a former boyfriend. Upon seeing pictures of the victim with her former boyfriend on the victim’s phone he lost control. Throughout the night the accused hit the victim many times causing physical injury. He threatened her, took her money, and ultimately forced intercourse without her consent. The accused was 26 years of age and had a significant prior record." [https://canlii.ca/t/jz8tg#par73] }}
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| {{SCaseLong|{{CanLIIR-S|GDL||2022 BCSC 940 (CanLII)}} |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."}}
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| {{SCaseLong|{{CanLIIR-S|JWS|fvtb6|2013 NSPC 7 (CanLII)}}{{perNSPC|Derrick J}} | NS PC| | "on May 6 Mr. S. was angry at MLC because she had ignored his texts and calls. There was also the issue of the abortion which MLC was insisting on going ahead with. Mr. S. pushed around MLC's furnishings in anger, bit her in anger, went and took a knife from the kitchen in anger, tore her t-shirt in anger, tore her underpants in anger, and then had sex with her. Mr. S. dominated MLC that night and did nothing to ensure that in spite of everything that had happened in the bedroom, she was a willing sexual partner." }}
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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|Nolan|264cw|2009 ONCA 727 (CanLII)}}{{TheCourtONCA}} | ON|CA| 21 month CSO | "[T]he offender and the complainant were married. The offender tied down the complainant on their bed, covered her mouth with duct tape, punched her in the face, and threatened to cut her vagina. After cutting her loose, the offender and the complainant engaged in non-consensual sexual intercourse. The complainant suffered from bruising and swelling on her face." }}
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| {{SCaseLong|{{CanLIIRP-S|Paul|1ww6n|2008 ABQB 273 (CanLII)|445 AR 203}}{{perABQB|Burrows J}} |AB|SC | 2 years less a day CSO | "the offender had unprotected vaginal sexual intercourse with the complainant while she was “completely out of it” and “half awake.” Both had consumed alcohol. When the intercourse was over, the offender dressed the complainant and took her home. The next morning, the complainant had no memory of the events. The offender pleaded guilty, was 20 years old, and had an unrelated criminal record."[https://canlii.ca/t/jvbq8#par79] {{keywords|summary election}} }}
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| {{SCaseLong|{{CanLIIR-S|Sampson|2008 ONSC 1665}} | ON|SC| | "the complainant went to a nightclub. The offender was the manager of the club. The offender had non-consensual intercourse with the complainant despite her objections that he stop. The intercourse lasted five to ten minutes. The complainant was dizzy, nauseous, and intoxicated. The offender consumed little alcohol. The offender was 32 years old, had an unrelated criminal record, and was found guilty after a trial. Justice Newbould sentenced the offender to a CSO of two years less a day." [https://canlii.ca/t/jvbq8#par85] }}
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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|AO|1n1gn|2006 ONCJ 117 (CanLII)}}{{perONCJ|Gage J}} |ON|PC|12 month CSO| "[T]he complainant and offender were in a romantic relationship. The offender arrived at the complainant’s apartment late one night and fought. A struggle ensued, in which the offender attempted to and succeeded in removing the complainant’s pants. The complainant resisted, saying “no.” The offender pushed the complainant onto the couch, entered her vagina without a condom, and ejaculated into her. The offender had no criminal record and asserted his innocence at the sentencing hearing. Justice Gage sentenced the offender to a 12-month CSO."}}
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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|{{CanLIIRP-S|Tony|5j4w|2002 SKQB 226 (CanLII)|220 Sask R 135}}{{perSKQB|Wilkinson J}} | SK|QB| 18 months CSO | "[t]he Crown appealed a nine-month CSO. The offender drove the complainant home after they both attended a party and had been drinking. The complainant fell asleep in the car. She awoke to the offender penetrating her with his penis when they were outside her home. She told him to stop, and he did. The offender was Indigenous, struggled with alcohol addiction, had an unrelated criminal record, was found guilty after trial, and maintained that the sexual intercourse was consensual at sentencing. Justice Wilkinson allowed the appeal and varied the sentence by imposing an 18-month CSO with strict conditions."}}
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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-S|Nelson|4z8q|2001 BCCA 430 (CanLII)}}{{perBCCA|Ryan JA}} |BC|CA| 2 years less a day CSO| "the offender watched a movie at the complainant’s apartment. The offender hugged and kissed the complainant, who asked him to stop because she did not want to display signs of affection in front of her five-year-old child. The offender asked if they could have sex. The complainant said no. The offender pinned the complainant to her bed, removed her clothing, and forced sexual intercourse. The offender was 30 years old, had no criminal record, and was a single father of two children." [https://canlii.ca/t/jvbq8#par81]}}
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| {{SCaseLong|{{CanLIIR-SN|R(LE)|, 2000 CarswellNB 405}} per Riordon J |NB| | 20 months CSO |"the offender grabbed the complainant while she was walking home, put her in his car, ripped her shirt off, and drove her to a graveyard where he forced non-consensual vaginal intercourse. The complainant sustained bruises and a cut. The offender was 32 years old, pleaded guilty, and was in the process of divorcing the complainant at the time." [https://canlii.ca/t/jvbq8#par87]
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| {{SCaseLong|{{CanLIIR-SN|C(SF)|, 192 Nfld. & PEIR 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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| ==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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