Sexual Exploitation (Sentencing Cases)
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Offence Wording
- Sexual exploitation
153 (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who
- (a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or
- (b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person.
- Punishment
(1.1) Every person who commits an offence under subsection (1) [sexual exploitation]
- (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
- (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.
[omitted (1.2) and (2)]
R.S., 1985, c. C-46, s. 153; R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 4; 2008, c. 6, s. 54; 2012, c. 1, s. 13; 2015, c. 23, s. 4.
[annotation(s) added]
- Sexual exploitation of person with disability
153.1 (1) Every person who is in a position of trust or authority towards a person with a mental or physical disability or who is a person with whom a person with a mental or physical disability is in a relationship of dependency and who, for a sexual purpose, counsels or incites that person to touch, without that person’s consent, his or her own body, the body of the person who so counsels or incites, or the body of any other person, directly or indirectly, with a part of the body or with an object, is guilty of
- (a) an indictable offence and liable to imprisonment for a term not exceeding 10 years; or
- (b) an offence punishable on summary conviction.
[omitted (2), (2.1), (2.2), (3), (4), (5) and (6)]
1998, c. 9, s. 2; 2018, c. 29, s. 10; 2019, c. 25, s. 52; 2023, c. 28, s. 1.
Digests
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Fisher, 2018 BCPC 210 (CanLII), per Hamilton J | BC  |
PC | 20 months imprisonment | Find summaries of case. |
| R v Pontbriand, 2014 QCCQ 443 (CanLII), per Beaulieu J | QC  |
PC | 18 months imprisonment (exploit) 20 months (sex assault) |
The offender was found guilty of sexual assault and sexual exploitation. He was a gym teacher who began a sexual relationship with the student. Over two years.she was 30 years old and a mother of two young children. She was in a position of trust that she abused. Find summaries of case. |
| R v Miller, 2013 ABPC 323 (CanLII), per Bascom J | AB  |
PC | 29 months (exploit) 1 day (breach) |
The offender played guilty to sexually cetacean in breach of recognizance. He was the victim's grade 10 teacher and tutor. When the victim was great 11 hey sexual relationship began that included intercourse several times. Find summaries of case. |
| R v Aird, 2013 ONCA 447 (CanLII), per Laskin JA | ON  |
CA | 1 year imprisonment | The offender was found guilty of sexual exploitation (X 2). He was a tutor for The 16-year-old victim. Over 15 months A sexual relationship again that included oral and vaginal sex. Find summaries of case. |
| R v M. (D.),, 2012 ONCA 520 (CanLII), per Feldman JA | OM | CA | 1 year imprisonment | The offender was als sentenced for sexual touching and sexual assault. The decision appealed from 2011 ONSC 3183 (CanLII) -- global sentence of 7 years Find summaries of case. |
| R v Hamade, 2012 BCPC 80 (CanLII), per Gardner J | BC |
PC | 21 days imprisonment | Find summaries of case. |
| R v Hood, 2011 ABCA 169 (CanLII), per Martin JA | AB |
CA | 3.5 years imprisonment | Find summaries of case. |
| R v CG, 2011 QCCQ 13551 (CanLII), per Lamontagne J | QC |
PC | 55 months imprisonment | The offender pleaded guilty to making child pornography and invitation to sexual touching. While he babysat his three year-old granddaughter he sexually abused her and videotaped it. Find summaries of case. |
| R v St. Michael, 2011 ONSC 449 (CanLII), per Ray J | ON |
SC | 3 years imprisonment | Find summaries of case. |
| R v Gilbert, 2011 NBPC 10 (CanLII), per Brien J | NB  |
PC | 7 years imprisonment | Find summaries of case. |
| R v G(WR), 2011 BCPC 330 (CanLII), per Ellan J | BC |
PC | 1 year imprisonment | Find summaries of case. |
| R v M(CB), 2010 BCPC 105 (CanLII), per Skilnick J | BC |
PC | 7 years imprisonment | The offender pleaded guilty to sexual assault (x 8), interference, exploitation and invitation to sexual touching. He was diagnosed with pedophilia. He was 42 years old. Find summaries of case. |
| R v JBS, 2009 ABCA 347 (CanLII), per curiam | AB |
CA | 6.5 years imprisonment | The offender was a stepfather of the victim, he had daily sexual intercourse with 14 year old daughter. Crown appeal from 10 months sentence. Find summaries of case. |
| R v AB , 2006 CanLII 31608 (ONSC), per Dambrot J |
ON |
SC | Find summaries of case. |