Sexual Assault, Intercourse (Sentencing Cases)

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This page was last substantively updated or reviewed October 2023. (Rev. # 87678)

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)