Sexual Assault, Intercourse (Sentencing Cases)

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Full Intercourse

See also: Sexual Assault, Touching or Attempts (Sentencing Cases)

Case Name	Prv.	Crt.	Sentence	Summary
R v Fisher, 2020 NSSC 325 (CanLII)	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." [1]

Prior to April 2020 (R v Friesen)

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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 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 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 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 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 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 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 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 RH, , [2003] N.J. No. 336 (C.A.)(*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 S(JS), 2001 MBCA 144 (CanLII), per Twaddle JA (2:1)	MB	CA	30 months imprisonment	sleeping victim
R v C(SF), , 192 Nfld. & P.E.I.R. 179(*no CanLII links)	NL	SC	2.5 years imprisonment	offender broke into residence, grabbed complainant, threatened her, full intercourse
R v JR, 1997 CanLII 14665 (NLCA), per Cameron JA	NL	CA	3 years	sexual intercourse with daughter; causing pregnancy
R v TVG, 1994 CanLII 7588 (NS SC), , 133 NSR (2d) 299 (NSSC), per Bateman J	NS	SC	2 years, 8 months	"The offender and victim had been separated a few days before the offence. The offender called her the night preceding the offence causing the victim to be afraid. She took her children next door to her father’s house. When she returned to pick up some clothing, the offender confronted her, forced her into the bedroom, and raped her despite her struggles. The offender questioned the victim about her boyfriends as he repeatedly penetrated her. The Court viewed the assault on the former common‑law wife as aggravating. The accused came from a stable, hard‑working family. Offender and victim had two daughters. Victim Impact Statement demonstrated nervousness on behalf of the common‑law wife. Sentence: two years and eight months’ incarceration;" [2]
R v Richard, 1994 CanLII 3969 (NSCA), per Roscoe JA	NS	CA	7 years imprisonment	The offender was convicted of sexual assault and uttering threats. He approached the female victim whom he knew at 3am near a night club. Threatened her and lead her to a private spot where he has intercourse and fellatio on her. She broke free at the end and escaped. He was 23 years old at the time and had a lengthy criminal record.
R v Sandercock, 1985 CanLII 104 (AB C.A.), per Kerans JA	AB	CA	4.5 years imprisonment	drive victim to secluded spot and accosted her