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| ==Child Sexual Offences== | | ==Child Sexual Offences== |
| * [[Sentencing for Child Sexual Offences]] | | * [[Sentencing for Child Sexual Offences]] |
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| ==Psychological Harm==
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| It has been recognized by courts that child victims of sexual offences suffer from long lasting damage.<ref>
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| ''R v DD'', (2002), 163 CCC (3d) 471, [http://canlii.ca/t/1db6b 2002 CanLII 44915] (ON CA){{perONCA|Moldaver JA}} (3:0){{atL|1db6b|36}}</ref>
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| They suffer from emotional trauma that is often permanent. As adults they "may become incapable of forming loving relationship, always fearful of re-victimization by sexual partners. Further, the matured victim may become a sexual predator himself. It is often that an offender will report being victimized by other sexual predators as a child."<ref>
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| {{supra1|DD}}{{atsL|1db6b|37| to 38}}</ref>
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| The judge should consider the "likelihood of psychological harm to the victim".<ref>
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| ''R v Rosenthal'', [http://canlii.ca/t/gfv1q 2015 YKCA 1] (CanLII){{perYKCA|Schuler JA}} (3:0){{atL|gfv1q|6}} - the "likelihood is a reason that the principle of general deterrence is significant in sentencing for sexual assault"<br>
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| ''R v McDonnell'', [http://canlii.ca/t/1fr3d 1997 CanLII 389] (SCC), [1997] 1 SCR 948{{perSCC|Sopinka J}} (5:4) <Br>
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| </ref>
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| But the judge does not need to take judicial notice of the psychological harm caused by a sexual offence.<ref>
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| {{supra1|Rosenthal}}{{atL|gfv1q|6}}<br>
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| </ref>
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| {{Reflist|2}}
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| ==Position of Trust== | | ==Position of Trust== |
General Principles
De facto consent of the victim is not an appropriate form of mitigation.[1]
Child Sexual Offences
Position of Trust
Position of Trust as a Factor in Sentencing
Historical Sex Offences
Historical Sexual Offences should not have their penalties reduced simply because of the time that has passed between the offence and sentence. The magnitude and culpability remain the same.
[1]
The importance of denunciation and deterrence as primary sentencing objectives are not diminished.[2]
However, the passage of time can show that the offender is a low risk to re-offend and that the offence is not in the character of the offender.
Case Digests
See Also
Sexual Offences |
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| | Offences |
Sexual Interference (151), Invitation to Sexual Touching (152), Sexual Exploitation (153), Incest (155), Bestiality (160), Voyeurism (162), Distribution of Intimate Images (162.1), Obscenity (163), Child Pornography (163.1), Parent or Guardian Procuring Sexual Activity (170), Householder Permitting Sexual Activity (171), Making Materials Available to Child (171.1), Child Luring (172.1), Agree or Arrange a Sexual Offence Against Child (172.2), Indecent Act (173), Solicitation (213), Sexual Assault (271), Sexual Assault With a Weapon or Causing Bodily Harm (272), Aggravated Sexual Assault (273), Human trafficking (279.01-.3), Commodification of Sexual Services (286.1-5) |
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