Sexual Assault (Sentencing Cases) (2000 to 2019)

• < Sentencing
• < Cases

This page was last substantively updated or reviewed October 2023. (Rev. # 87695)

Case Name	Prv.	Crt.	Sentence	Summary
R v Jensen, 2019 ABQB 873 (CanLII), per Dunlop J	AB [1]	SC	18 month CSO	"the offender invited the complainant to his apartment, where they watched a movie. The complainant fell asleep on the couch and woke up to the accused massaging her. She pretended to continue sleeping while the accused rubbed her breasts under her shirt and inserted his fingers into her vagina. Justice Dunlop found the offender committed a major sexual assault but held it was “at the low end of the range of major sexual assaults.” "
R v BAB, 2019 BCPC 172 (CanLII), per Hewson J	BC	PC
R v Percy, 2019 NSPC 12 (CanLII), per Buckle J	NS	PC	2 years imprisonment (Sexual Assault) 1 years imprisonment (voyeur)
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." [2]
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." [3]
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 JP, 2017 NSPC 54 (CanLII), per Chisholm J	NS	PC	8 months CSO	The judge also ordered lifetime SOIRA, DNA Order and firearms prohibition.
R v Laidman, 2017 ONCJ 792 (CanLII), per Gage J	ON	PC		"the complainant and offender were friends. One evening, the offender stroked the complainant’s penis under his clothes. The complainant told him to stop, but the offender persisted and the stroking continued. The complainant told the offender to stop three more times. The offender pushed the complainant on his back, pulled down his pants, performed fellatio for two minutes, and put his finger in his anus before stopping. The offender was 24 years old, had no criminal record, had an alcohol addiction, and sought counselling after the offence."
R v O’Brien, 2017 SKQB 88 (CanLII), per Dawson J	SK	SC	14.3 months imprisonment (time served)	The offender was having an affair with the female victim. He met her at his house where he attempted to hug and kiss her. She told him not to touch her. He lifted her up and put her on the bed and attempted to undo her pants. She pushed him off. He put his hands around her neck for 5 to 10 seconds and then stopped on his own accord.
R v OB, 2016 ONSC 6861 (CanLII), per Corrick J	ON	SC	2 years less a day imprisonment	The offender touched the victim's breasts numerous times over 5 years. He was a father figure to the victim and in a position of trust.
R v JLM, 2016 ABPC 285 (CanLII), per Redman J	AB	PC	6 months imprisonment
R v Matthews, 2016 BCPC 59 (CanLII), per Challenger J	BC	PC	6 months CSO
R v Halkett, 2016 SKPC 65 (CanLII), per Robinson J	SK	PC	18 months CSO	The offender attempted to have anal intercourse in the police drunk tank with an unconscious detainee. He was 54-year-old aboriginal band member with a significant but dated record.
R v Nippi, 2015 SKQB 90 (CanLII), per Turcotte J	SK	SC	2 years less a day imprisonment	The offender was found guilty of sexual assault and unlawfully in a dwelling. While intoxicated he entered a residence where a female laid sleeping. He undressed and then kissed her, fondled her and rubbed his penis against her. The offender was 35 years old and a member of a First Nations.
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." [4]
R v Sayers, 2015 ABCA 21 (CanLII), per curiam (2:1)	AB	CA	4 years imprisonment (global)	The offender was found guilty of sexual assault of two females aged 8 and 11. He touched their breasts and vaginal area underneath their clothing. One judge dissented. [Per Paperny JA with Martin JA dissenting]
R v RJW, 2014 CanLII 28797 (NLSCTD), per Halley J	NL	SC	12 months CSO	offender touched breasts of two female sisters aged 12 and 15. Offence occurred in the 1970s while he lived with the victims. [Per Halley SCJ]
R v Tyers, 2014 BCPC 140 (CanLII), per Smith J	BC	PC	12 months imprisonment	offender was a chiropractor who touched the breasts and vagina of a patient. [Per Smith PCJ]
R v Klok, 2014 ABPC 102 (CanLII), per Allen J	AB	PC	9 months imprisonment	Offender was a teacher of the complainant, engaged in masturbation. Complainant was around 18 years old. The offender was in a position of trust at the time. [Per Allen PCJ]
R v Long, 2013 ONCJ 617 (CanLII), per Baldwin J	ON	PC	90 days intermittent	The offender touched the breasts of the victim on three occasions. He was the victim's employer. He was 60 years old. She was 29 years old and had a learning disability. He had no criminal record and was remorseful.
R v Racco, 2013 ONSC 1517 (CanLII), per Durno J	ON	SC	CSO	The offender touched the victim's vaginal area through her clothes and put his tongue in her mouth while kissing. The offender was 49 years old and the victim's boss. He had no prior record. The victim claimed but unproven PTSD from the incident. Trial judge ordered 6 months jail. Summary Conviction Appeal changed the sentence to a Conditional Sentence Order.
R v Millette, 2013 QCCS 3479 (CanLII), per Moulin J	QC	SC	fine + probation
R v Myette, 2013 ABCA 371 (CanLII)	AB	CA	18 months imprisonment	"the court set aside an 18-month suspended sentence for sexual assault which had been imposed due to the trial judge's determination that a prison sentence would be unduly harsh due to the offender's visual impairment." "The offender had digitally penetrating his friend's vagina while she was asleep. Myette was blind and required 24 hour assistance from his guide dog." [5] [6]
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 Michelin, 2013 SKQB 390 (CanLII), per Dawson J	SK	QB	1 years imprisonment
R v Wilson, 2012 NBQB 326 (CanLII), per McLellan J	NB	SC	24 months imprisonment	The offender was a bartender who sexually assaulted female in washroom. Conduct involved forced oral sex, fondled her breasts, fingered her and tried to stick a sex toy in her anal region, attempted intercourse. The victim fell and was permanently injured during incident.
R v Chandra, 2012 BCPC 543 (CanLII), per Rounthwaite J	BC	PC
R v Burton, 2012 ONSC 5920 (CanLII), per Maranger J	ON	SC	absolute discharge
R v H(J), 2012 ONCJ 753 (CanLII), per M Green J	ON	PC	Conditional Discharge
R v Boden, 2012 BCPC 331 (CanLII), per Giardini J	BC	PC	6 to 9 months	also sentenced to assault peace officer--offender grabbed the buttocks of two women unknown to him in an attempt to flirt with them.
R v TJH, 2012 BCPC 115 (CanLII), per Ellan J	BC	PC	discharge	The offender was convicted for touching over clothes. No SOIRA ordered because not a "conviction".
R v Martell, 2012 SKPC 47 (CanLII), per Harradence J	SK	PC	9 months imprisonment	sexual assault of person at a party. Female was passed out naked, offender fondled breasts, undressed himself, got on top of her, no evidence of injury or penetration.
R v BRE, 2012 NSSC 253 (CanLII), per Coughlan J	NS	SC	Absolute Discharge
R v Tuffs, 2012 SKCA 6 (CanLII), per Lane JA	SK	CA	12 months imprisonment	The offender put his hand down the pants of victim, touching of genitals, approximately 30 seconds in duration, Crown appeal of a suspended sentence.
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 Pratt, 2011 BCPC 382 (CanLII), per Pothecary J	BC	PC	5 years imprisonment	digital penetration; oral sex; attempted intercourse; violence used
R v Trotman, 2011 ONCJ 604 (CanLII), per Lipson J	ON	PC	8 months imprisonment	The offender was convicted of grabbing 15 year old girl multiple times, included hugs and kisses.
R v JS, 2011 ONSC 1743 (CanLII), per Lalonde J	ON	SC
R v Ince, 2011 NBQB 324 (CanLII), per Grant J	NB	SC	9 months imprisonment	touching female while she was asleep
R v DT, 2011 ONCJ 545 (CanLII), per Dean J	ON	PC	18 months imprisonment	digital penetration; touching; victim was disabled by C.P.
R v McDonald, 2011 ABCA 307 (CanLII), per Bielby JA (2:1)	AB	CA	32 months imprisonment	attempted sexual assault; unlawful entry
R v Paulin, 2011 ONSC 5027 (CanLII), per Spies J	ON	SC	2 years less a day CSO	attempted oral and anal intercourse. "[T]he complainant and the offender were men in the military. One evening, the offender grabbed the complainant and pushed him to the ground, laid on top of him, and tried to make him perform oral sex on him. The complainant did not open his mouth. The offender then tried to perform oral sex on the complainant but was unsuccessful. The offender then pushed the complainant against a bench and attempted to lick his anus and insert his penis. The offender was of Indigenous heritage, did not have a criminal record, and asserted his innocence at the sentencing hearing."
R v JW, 2010 NSPC 40 (CanLII), per Tax J	NS	PC	Conditional Discharge
R v Abdullahi, 2010 YKTC 76 (CanLII), per Cozens J	YK	SC	3 months CSO + probation	The offender was a taxi driver who put the victim's hand on his groin area, exposed his penis and then put her hand on it. The offender had no record.
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 LP, 2009 BCPC 279 (CanLII), per Ellan J	BC	PC	Suspended Sentence	The offender was convicted at trial of groping the victim and forcing her to touch him on one occasion.
R v Kasokeo, 2009 SKCA 48, 324 Sask. R. 156, {{{2}}}(*no CanLII links)	SK	CA		"the victim had fallen asleep after drinking. She awoke to find her pants and underwear at her ankles and the offender was behind her engaging in a sexual act. The offender was thrusting behind her but it was not entirely clear whether penile penetration occurred. This Court overturned the 15 month sentence and imposed one of 30 months. Unlike the appellant, the offender had a very minor record consisting of convictions for two break and enters, uttering a forged document and two for failing to attend court." [7]
R v CRP, 2009 ABPC 32 (CanLII), per LeGrandeur J	AB	PC	Suspended Sentence	Offender was flirting with 17 year old he knew for 8 years. He "momentarily touched her vaginal area outside her clothing, moving his fingers during the touch".
R v Chrispen, 2009 SKCA 63 (CanLII), per Hunter JA	SK	CA	9 months CSO	18 year old accused; fondled breasts of victim; no record.
R v Goulet, 2008 MBPC 6 (CanLII), per Devine J	MB	PC	3 years imprisonment	grabbing a stranger in public, attempted to knock her out and sexually assault her; stopped by samaritans
R v A. (B.),, 2008 ONCA 556 (CanLII), per Moldaver and Simmons JJA	ON	CA	3.5 years imprisonment	vulnerable victim; assault over 18 months
R v Dahouky, 2008 CanLII 19498 (ON SC), per McDermid J	ON	SC	9 months jail & probation	failed attempt to penetrate victim while asleep
R v Calnen, 2008 NSCA 6 (CanLII), per Bateman JA	NS	CA	4 months CSO	sexual touching of bottocks; accused impaired by alcohol at time
R v ADC, 2008 SKCA 108 (CanLII), 236 C.C.C. (3d) 92, per Richards JA	SK	CA	30 months imprisonment	"the offender and the victim had been picked up by the police and placed in the drunk tank. The victim had fallen asleep and the offender began cuddling him. He then removed the victim’s pants and rubbed his buttocks. The offender them removed his pants and engaged in what appeared to be simulated anal intercourse. Actual penetration was not established. The victim never awoke. The offender had six prior convictions on his record including one for sexual assault. This Court overturned the conditional sentence and imposed a sentence of 30 months incarceration."
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 Jennings-Grimwood, ONCJ 481 {{{3}}}	ON	PC	6 months jail & probation	undress sleeping victim; ejaculated on her leg; no sexual intercourse
R v Roberge, 2007 ONCA 435 (CanLII), per curiam	ON	CA	3 years imprisonment	disabled victim passed out; appeal of conditional sentence
R v Rusk, 2007 ABCA 189 (CanLII), per Hunt JA	AB	CA	4 years imprisonment	fondling and attempted sexual assault of a spastic quadriplegic.
R v M(D), 2007 ONCA 690 (CanLII), per curiam	ON	CA	1 year imprisonment child under age of 10; sexual touching; no record	{{{5}}}
R v Cook, 2007 ABPC 86 (CanLII), per Allen J	AB	PC		church minister sexually assaults two persons (age 13 and 20), not position of trust
R v Durnford, 2006 CanLII 34694 (NL P.C.), per Gorman J	NL	PC	9 months imprisonment	confined, fondled and undressed victim
R v Wark, 2006 ONCJ 197 (CanLII), [2006] OJ No 2202 (C.J.), per Brophy J	ON	PC	6 months imprisonment	age 25; no record; digital penetration
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 Iron, 2005 SKCA 84 (CanLII), per Sherstobitoff JA	SK	CA	20 months imprisonment	"he victim awoke to find the offender on top of her, kissing her and pressing his body against her. She told him to stop but he would not. He held her hands above her head, fondled her breasts and genitals and digitally penetrated her vagina. Mr. Iron was a father to five children. He had a positive upbringing and completed substance abuse treatment before he was sentenced. He had a criminal record that was, relatively speaking, minor and unrelated. This Court overturned the two years less one day conditional sentence and imposed 20 months incarceration after giving the offender credit for serving part of the conditional sentence." [10]
R v Gilmour, 2005 ABQB 354 (CanLII), per Lee J	AB	SC	Conditional Discharge
R v PSB, 2004 NSCA 25 (CanLII), per Cromwell JA	NS	CA	25 months imprisonment	The offender was convicted for touching, masturbating and performing oral sex with his 4 year old son.
R v AJA, 2004 NSSC 242 (CanLII), per Cacchione J	NS	SC	12 months CSO	The offender convicted of sexual touching. He lived with a child under the age of 14 and her mother. The child asked the accused to father her a child because they were "soul mates". He was 49 years old and had an unrelated record from over 25 years ago.
R v ASG, 2004 NSCA 7 (CanLII), per Cromwell JA	NS	CA	8 years imprisonment (global)	See Making Child Pornography (Sentencing Cases) for summary
R v MJH, 2004 SKCA 171 (CanLII), per Sherstobitoff JA	SK	CA	2.5 years imprisonment	victim passed out; offender found humping unconscious victim; removed victim's clothes
R v Stoney, 2004 ABPC 3 (CanLII), per Allen J	AB	PC	10 years imprisonment	Summary of case is pending.
R v Ingrey, 2003 SKQB 300 (CanLII), per Rothery J	SK	SC	Conditional Discharge, 12 months probation
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 Noiles, 2002 NSSC 112 (CanLII), per Wright J	NS	SC	8 years imprisonment	The offender was convicted of break & enter and sexual assault. He broke into the house of an elderly 74 year old female. He woke her up when he got on top of her and held her down. He was 35 years old and had a prior record with 6 break & enter, 3 sexual assaults including two of which were against elderly women.
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." [11]
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." [12]