Sexual Assault, Intercourse (Sentencing Cases)

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This page was last substantively updated or reviewed October 2023. (Rev. # 87673)

Full Intercourse

Case Name	Prv.	Crt.	Sentence	Summary
R v Hay, 2023 ABCJ 191 (CanLII), per Pepper J	AB	PC
R v Hart, 2023 BCSC 933 (CanLII), per Solrood J	BC	SC
R v B-Q, 2023 BCSC 671 (CanLII)	BC	SC
R v GDL, 2022 BCSC 940 (CanLII), per Smith J	BC	SC
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."
R v Caplette, 2022 BCPC 80 (CanLII), per Silverman J	BC	PC
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."[1]
R v Holland, 2022 ONSC 1540 (CanLII), per 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." [2]
R v 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."
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."
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." [3]
R v Fisher, 2020 NSSC 325 (CanLII), per 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." [4]
R v SL, 2020 NSSC 381 (CanLII), per Murray J	NS	SC	2 years imprisonment

See also

• Sexual Assault, Touching or Attempts (Sentencing Cases)
• Sexual Assault of Person Under 16 (Sentencing Cases)

Case Name	Prv.	Crt.	Sentence	Summary
R v CWZ, 2018 ONSC 3478 (CanLII), per Akhtar J	ON	SC	6 years (global)	The offender was convicted of sexual assault against his wife and daughter.
R v FHL, 2018 ONCA 83 (CanLII), per Epstein JA	ON	CA	8 years imprisonment	The offender sexually assaulted his girlfriend's 12 year old daughter. The victim gave birth to a child.
R v JAM, 2018 NSSC 285 (CanLII), per Scaravelli J	NS	SC
R v Burton, 2017 NSSC 181 (CanLII), per Arnold J	NS	SC	2 years imprisonment, probation	"a major sexual assault that included unprotected vaginal intercourse. The offender twice masturbated next to the victim and rubbed his ejaculate on her hand. The victim was asleep or unconscious when assaulted. The sentence was two years imprisonment followed by three years probation. The offender with no criminal record successfully battled his addiction issues, ran a successful business, admitted guilt and was remorseful and the sole caregiver for twin toddlers and would be eligible for community based sexual offender treatment which was ordered as part of the conditions of probation." [5]
R v Simpson, 2017 NSPC 25 (CanLII), per Tax J	NS	PC	3 years imprisonment	"The accused and victim went on a date and had consensual oral sex. The victim was clear that she did not want to have vaginal sex. Despite her expressed objection, the accused had unprotected vaginal intercourse with her. There were no other allegations of violence or abuse. The Court held that the range for this type of offence was two-to-three years. The accused had no prior record, lived a prosocial life and had a career in the navy. He was described by others as a “dedicated family man” , and “very reliable” navy seaman. I note that this case was decided pre-Friesen. While I have considered I attach less weight to its precedential value." [6]
R v Meyers, 2017 SKQB 4 (CanLII), per 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.
R v Adubofour-Poku, 2017 BCPC 192 (CanLII), per RP Harris J	BC	PC
R v CBK, 2015 NSSC 62 (CanLII), per Gogan J	NS	SC	4.5 years imprisonment	"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." [7]
R v Percy, 2019 NSPC 12 (CanLII), per Buckle J	NS	PC	2 years imprisonment (Sexual Assault) 1 years imprisonment (voyeur)
R v JWS, 2013 NSPC 7 (CanLII), per 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."
R v DS, 2013 ONCA 244 (CanLII), per MacPherson JA	ON	CA	12 years imprisonment	sexual assault on wife
R v Moosomin, 2012 SKQB 386 (CanLII), per Zarzeczny J	SK	SC	33 months imprisonment
R v DS, 2012 SKQB 118 (CanLII), per Acton J	SK	SC	30 months imprisonment	forced intercourse with ex-partner.
R v Freake, 2012 NLCA 10 (CanLII), per Welsh and Rowe JJA	NL	CA	4 years imprisonment	force intercourse between partners.
R v RK, 2012 SKPC 17 (CanLII), per Klause J	SK	PC	18 months imprisonment	historical sexual assault (1982), sexual intercourse with step daughter
R v DHE, 2012 NSSC 260 (CanLII), per Scaravelli J	NS	SC	3 years imprisonment
R v JJW, 2012 NSCA 96 (CanLII)	NS	CA
R v PN, 2011 NLTD 158 (CanLII), per Goodridge J	NL	SC	3 years imprisonment	intercourse with teenage niece, threatened if she called police
R v NKP, 2011 ABCA 361 (CanLII), per Slatter JA	AB	CA	9 years imprisonment	assaulted 7 family members; recorded some on video
R v Murphy, 2011 NLCA 16 (CanLII), per Welsh JA	NL	CA	3.5 years imprisonment	forced intercourse in front seat of vehicle, prior record for violence.
R v IKL, 2011 NLTD 7 (CanLII), per Seaborn J	NL	SC	3 years imprisonment	numerous incidents of intercourse with a minor
R v Dorah, 2011 ONSC 6503 (CanLII), per MacDonnell J	ON	SC	2 years less a day imprisonment	forced intercourse in a dating couple
R v Smith, 2011 ONCA 564 (CanLII), per Epstein JA	ON	CA		"Numerous counts involving two victims on the sentence appeal. The facts involved a death threat to D.Q., and assaults on M.O., including a sexual assault. The Court endorsed the proposition that in cases of sexual assault involving forced intercourse with a spouse or former spouse, sentences generally ranged from twenty‑one months to four years. The Court noted that the Crown had chosen to not cross‑appeal sentence, and therefore would not impose a sentence exceeding three years’ incarceration"
R v Berens, 2011 MBQB 255 (CanLII), per Schulman J	MB	SC	2 years less a day imprisonment	intercourse while asleep; no remorse; gladue factors
R v AN, 2010 ONCJ 288 (CanLII), per Diguseppe J	ON	PC	2 years less a day imprisonment	parties knew each other; moderate use of force; accused intoxicated
R v RRW, 2010 NLTD 135 (CanLII), per Goodridge J	NL	SC	4 years imprisonment	broke into residence of 14 year old niece, full intercourse, threatened victim if she called police
R v Kasokeo, 2009 SKCA 48 (CanLII), per Cameron JA	SK	CA	27 months imprisonment	sleeping victim; appeal from 15 months jail; "probably" full intercourse
R v Zarpa, 2009 NLTD 175 (CanLII), per Goodridge J	NL	SC	3.5 years imprisonment	intercourse with sleeping woman
R v Nolan, 2009 ONCA 727 (CanLII), per curiam	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."
R v Paul, 2008 ABQB 273 (CanLII), 445 AR 203, per 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."[8]
R v Sampson, ONSC 1665 {{{3}}}	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." [9]
R v DBR, 2008 ONCJ 412 (CanLII), per McGrath J	ON	PC	10 years imprisonment (JR)	sexual assault x 3; sexual touching of minor x 2; confinement x 1. Occurred over several years
R v Woods, 2008 SKCA 40 (CanLII), per Richards JA	SK	CA	22 months imprisonment	confinement, violence, digital penetration, intercourse, prolonged
R v M(B), 2008 ONCA 645 (CanLII), per curiam	ON	CA		"Accused had been sentenced to nine months’ imprisonment with two years’ probation and SOIRA Order for seven years of compliance. The Crown appealed. The Court allowed the appeal, increasing the imprisonment term to two years less one day, and a mandatory twenty year SOIRA Order. The Respondent had engaged in anal intercourse with his developmentally delayed wife without her consent. The Court indicated that prior abusive conduct may be relevant to the sentencing to show the character and background of the offender, particularly to assess the need for individual deterrence, rehabilitation, or the protection of the public. Sentence at trial failed to send the message that those who victimize their partners within the context of the marital relationship must know that serious consequences will follow;"
R v Byer, 2007 ONCA 694 (CanLII), per curiam	ON	CA	6 years imprisonment	administered drug and performed unprotected sex on 4 victims; occurred over 15 years
R v Law, 2007 ABCA 203 (CanLII), per curiam	AB	CA	3 years imprisonment	victim passes out at a party; digital penetration, full penetration
R v Marriott, 2007 NSSC 99 (CanLII), per Robertson J	NS	SC	12 months CSO	Offender touched breast and vagina of female aged 22. Victim had intellectual deficits.
R v Rich, 2006 NLTD 84 (CanLII), per Fowler J	NL	SC	3 years imprisonment	forced intercourse
R v AO, 2006 ONCJ 117 (CanLII), per 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."
R v F(EW), 2006 NLTD 91 (CanLII), per Seaborn J	NL	SC	18 months imprisonment	intercourse with adult sister while she was asleep, alcohol involved.
R v GLJP, 2003 NSSC 168 (CanLII), [2003] NSJ No 509, per A Boudreau J	NS	SC	10 years imprisonment	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.
R v RG, 2003 NLCA 73 (CanLII), per Cameron JA	NL	CA		"the offender was sentenced to six months imprisonment for an act of non‑consensual sexual intercourse with his spouse. In upholding the sentence, the Court of Appeal indicated that “in this Province the normal range of sentence for sexual assault involving penetration is three to seven years.” However, it concluded the trial judge was correct in concluding that “the circumstances of this case are quite unusual and that this case is an appropriate one for a sentence below the normal range.” There the couple remained together after the assault and had consensual relations for another seven months. The wife gave a statement to the police only after their separation. Moreover, the offender had served his sentence and been released. None of these facts are present in the matter under appeal."
R v RH, , [2003] NJ No 336 (CA)(*no CanLII links)	NL	CA	6 months imprisonment	non-consentual sexual intercourse with spouse.
R v Kinde, 2002 BCCA 233 (CanLII), per Southin JA	BC	CA	7 years imprisonment	forced sexual intercourse with victim on 4 occasions; bodily harm
R v Tony, 2002 SKQB 226 (CanLII), 220 Sask R 135, per 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."
R v GAL, 2001 NSCA 29 (CanLII), per Hallett JA	NS	CA	2 years imprisonment
R v S(JS), 2001 MBCA 144 (CanLII), per Twaddle JA (2:1)	MB	CA	30 months imprisonment
R v Nelson, 2001 BCCA 430 (CanLII), per 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." [10]
R v R(LE), , 2000 CarswellNB 405(*no CanLII links)	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." [11]