Canadian Criminal Sentencing/Cases/Sexual Assault

Sexual Assault

Touching or Attempts

Case	Cite	Sentence	Summary
R v Wilson	2012 NBQB 326 (CanLII)	24 months	bartender sexually assaulted female in washroom--forced oral sex, fondled her breasts, fingered her and tried to stick a sex toy in her anal region, attempted intercourse--victim fell and was permanently injured during incident.
R. v. Boden	2012 BCPC 331 (CanLII)	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. T.J.H.	2012 BCPC 115	discharge	touching over clothes--no SOIRA ordered because not a "conviction"
R v Martell	2012 SKPC 47	9 months	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 Tuffs	2012 SKCA 6	12 months	hand down pants, touching of genitals, Crown appeal of S/s
R. v. Pratt	2011 BCPC 382	5 years	digital penetration; oral sex; attempted intercourse; violence used
R. v. Trotman	2011 ONCJ 604	8 months	grabbing 15 year old girl multiple times; hugs and kisses
R. v. Ince	2011 NBQB 324	9 months	touching female while she was asleep
R. v. T.(D.)	2011 ONCJ 545	18 months	digital penetration; touching; victim was disabled by C.P.
R. v. McDonald	2011 ABCA 307	32 months	attempted sexual assault; unlawful entry
R. v. Paulin	2011 ONSC 5027	2 years less CSO	attempted oral and anal intercourse
R. v. Chrispen	2009 SKCA 63	9 month conditional	18 year old accused; fondled breasts of victim; no record
R. v. Goulet	2008 MBPC 6	3 years	grabbing a stranger in public, attempted to knock her out and sexually assault her; stopped by samaritans
R. v. A. (B.)	2008 ONCA 556	3 1/2 years	vulnerable victim; assault over 18 months
R. v. Dahouky	2008 CanLII 19498 (ON S.C.)	9 months jail & probation	failed attempt to penetrate victim while asleep
R. v. Calnen	2008 NSCA 6	4 months conditional	sexual touching of bottocks; accused impaired by alcohol at time
R. v. A.D.C.	2008 SKCA 108	30 months	fondling of sleeping victim while in drunk tank
R. v. Jennings-Grimwood	2007 ONCJ 481	6 months jail & probation	undress sleeping victim; ejaculated on her leg; no sexual intercourse
R v. Roberge	2007 ONCA 435	3 years	disabled victim passed out; appeal of conditional sentence
R. v. Rusk	2007 ABCA 189	4 years	fondling and attempted sexual assault of a spastic quadriplegic.
R. v. M. (D.)	2007 ONCA 690	1 year	child under age of 10; sexual touching; no record
R. v. Cook	2007 ABPC 86		church minister sexually assaults two persons (age 13 and 20), not position of trust
R. v. Durnford	2006 CanLII 34694 (NL P.C.)	9 months	confined, fondled and undressed victim
R. v. Wark	[2006] O.J. No. 2202 (C.J.)	6 months	age 25; no record; digital penetration
R. v. Iron	2005 SKCA 84	20 months imprisonment	victim passes out on bed during a party; offender digitally penetrates her and fondles her
R. v M.J.H.	2004 SKCA 171	2.5 years	victim passed out; offender found humping unconscious victim; removed victim's clothes
R. v. D.W.G.	1999 ABCA 270	3.5 years minus remand	The victim was confronted by drunk husband. He slapped her, stripped her naked, choked her with one of his forearms across her throat, and, while lying on top of her, attempted to have sexual intercourse. He was too drunk to complete the sex act.
R. v. Van de Wiele	1997 CanLII 9695 (SK C.A.)	2.5 years	offender, age 25, had drinks with victim at his house; attempted fondling and attempted penetration; victim got away; bruising found on victims body.
R. v. Richardson (1992)	74 CCC 15 (Ont CA)	2 years	infatuated with victim, broke into apartment, offender was intoxicated former lover
R. v. Cameron (1991)	75 Man. R. 290 (CA)	3 years	picked up victim in car and drove to isolated area
R. v. D.A.W.	1991 CanLII 4533 (NSCA)	8 months	victim woke up to accused performing oral sex on her.
R. v. Atkins	1988 CanLII 201 (NLCA)	2 years	three incidences over several years; fondling of 9 year old child

Full Intercourse

Case	Citation	Prv	Crt	Sentence	Summary
R v Moosomin	2012 SKQB 386 (CanLII)	SK	SC	33 months
R v DS	2012 SKQB 118	SK	SC	30 months	forced intercourse with ex-partner
R. v. Freake	2012 NLCA 10	NL	CA	4 years	force intercourse between partners
R v RK	2012 SKPC 17	SK	PC	18 months	historical sexual assault (1982), sexual intercourse with step daughter
R. v. P.N.	2011 NLTD 158	NL	SC	3 years	intercourse with teenage niece, threatened if she called police
R. v. N.K.P.	2011 ABCA 361	AB	CA	9 years	assaulted 7 family members; recorded some on video
R. v. Murphy	2011 NLCA 16	NL	CA	3.5 years	forced intercourse in front seat of vehicle, prior record for violence.
R. v. I.K.L.,	2011 NLTD 7	NL	SC	3 years	numerous incidents of intercourse with a minor
R. v. Dorah	2011 ONSC 6503	ON	SC	2 years less a day	forced intercourse in a dating couple
R. v. Berens	2011 MBQB 255	MB	SC	2 years less a day	intercourse while asleep; no remorse; gladue factors
R. v. A.N.	2010 ONCJ 288	ON	PC	2 years less a day	parties knew each other; moderate use of force; accused intoxicated
R. v. W.(R.R.)	2010 NLTD 135	NL	SC	4 years	broke into residence of 14 year old niece, full intercourse, threatened victim if she called police
R. v. Kasokeo	2009 SKCA 48	SK	CA	27 months jail	sleeping victim; appeal from 15 months jail; "probably" full intercourse
R. v. Zarpa	2009 NLTD 175	NL	SC	3.5 years	intercourse with sleeping woman
R. v. D.B.R.	2008 ONCJ 412	ON	PC	10 years (JR)	sexual assault x 3; sexual touching of minor x 2; confinement x 1. Occurred over several years
R. v. Woods	2008 SKCA 40	SK	CA	22 months	confinement, violence, digital penetration, intercourse, prolonged
R. v. Byer	2007 ONCA 694	ON	CA	6 years	administered drug and performed unprotected sex on 4 victims; occurred over 15 years
R. v. Law	2007 ABCA 203	AB	CA	3 years	victim passes out at a party; digital penetration, full penetration
R. v. Rich	2006 NLTD 84	NL	SC	3 years	forced intercourse
R. v. F. (E.W.)	2006 NLTD 91	NL	SC	18 months	intercourse with adult sister while she was asleep, alcohol involved.
R. v. R.H.	2003 NLCA _, [2003] N.J. No. 336 (C.A.)	NL	CA	6 months	non-consentual sexual intercourse with spouse.
R. v. Kinde	2002 BCCA 233	BC	CA	7 years	forced sexual intercourse with victim on 4 occasions; bodily harm
R. v. S. (J.S.)	2001 MBCA 144	MB	CA	30 months	sleeping victim
R. v. C. (S.F.)	2000 NLTD _, 192 Nfld. & P.E.I.R. 179	NL	SC	2.5 years	offender broke into residence, grabbed complainant, threatened her, full intercourse
R. v. J.R.	1997 CanLII 14665	NL	CA	3 years	sexual intercourse with daughter; causing pregnancy
R. v. Sandercock	1985 CanLII 104 (AB C.A.)	AB	CA	4.5 years	drive victim to secluded spot and accosted her

Sexual Assault Causing Bodily Harm

Case	Citation	Prv	Crt	Sentence	Summary
R. v. Nelson	2012 ONSC 4248	ON	SC	5 years
R. v. Welch	1995 CanLII 282 (ON CA)	ON	CA	33 months	bruising on body

Aggravated Sexual Assault

Case	Citation	Prv	Crt	Sentence	Summary
R. v. Thomas	2012 ONSC 1201	ON	SC	2 years less a day	agg sexual assault by intercourse with HIV
R. v. A.T.R.	2011 BCPC 283	BC	PC	2 years	joint rec.; HIV positive accused; not contracted by victims
R. v. Griffin	[1998] O.J. No. 5763	ON		life	guilty plea -- 20+ years of violent offences -- high risk to reoffend

Sexual Interference and Sexual Assault on persons under 16

Touching and Other Act

Case	Citation	Prv	Crt	Sentence	Summary
R. v. McLean	2013 ONCJ 23 (CanLII)	ON	PC	4 years	Offender charged with break and enter and sexual interference.
R. v. S.C.	2012 CanLII 78017 (NL SCTD)	NL	SC	30 months	Grandfather convicted of historical sexual assault over 10 years of granddaughter while she was between 5 and 14 years old. Offender touched victim in a sexual manner 6 times. Convicted of sexual assault (30mo), interference (9mo), and invitation (18mo).
R v JR	2012 SKPC 167 (CanLII)	SK	PC	14 months	father touches 14 year old daughter in vaginal area, no digital penetration
R v WAC	2012 SKQB 415 (CanLII)	SK	SC	16 months	offender lives in house with family including 7 year-old victim, he grabs her and touches her vagina under her clothes--long prior record of breaches and violence--difficult time on remand
R. v. Biss	2012 ONCJ 604 (CanLII)	ON	PC	14 months	high school teacher sexual assault of female student aged 16 -- "fondling, mutual oral sex and masturbation...attempted sexual intercourse several times...penetrated the victim’s vagina with his fingers."
R. v. G.B.	2012 ABPC 214 (CanLII)	AB	PC	2 years less a day	over seven years touched and performed fellatio on child aged 5 to 12.
R. v. Butt	2012 ONSC 4326 (CanLII)	ON	SC	6 to 12 months	lured a 12 year old boy into apartment performed fellatio while he was HIV positive
R v Therrien	2012 SKPC 121	SK	PC	18 months	historical sexual assault, touching and digital penetration of two children in 1980s.
R. v. T.E.M.	2012 CanLII 43821 (NL SCTD)	NL	SC	3 years	sexual interference of 11 year old girl
R. v. Archibald	2012 ABCA 202	AB	CA	12 months	touching of two boys aged 14--historical sexual assault--CSO overturned
R. v. MacIsaac	2012 CanLII 29422 (NL SCTD)	NL	SC	12 months x 2 victims	touching of genitals and buttocks of two children over a period of time. also convicted of uttering threats to the victims (3 months each)--global sentence of 27 months
R. v. C.H.	2012 ONSC 3352	ON	SC	3 years	father touching daughter, forced oral sex
R. v. J.R.A.	2012 MBCA 48	MB	CA	5 years	father has 4 year old child give oral sex over 3.5 years
R. v. A.S.	2012 CanLII 25903 (NL SCTD)	NL	SC	12 months	grandfather touched two adolescent children above and under their clothes--health problems
R v HDB	2012 ABQB 234	AB	QB	5 years	offender was 37 year old labourer--victim assaulted 7 year old step daughter multiple times, including oral sex and touching
R. v. Palacios	2012 ONCJ 195	ON	PC	2 years less a day	historical sexual assault
R. v. L.M.L.	2012 ABPC 84	AB	PC	12 months (JR)	sexual interference
R. v. S.A.F.	2012 ABPC 60	AB	PC	48 months	grandfather sexually assault grand daughter, oral sex, two incidents, found to be in loco parentis
R. v. C.W.	2012 CanLII 10660 (NL SCTD)	NL	SC	6 months	90 year old offender touched child in vaginal area over clothes
R. v. Vuradin	2012 ABCA 55	AB	CA	27 months	digital penetration
R. v. Hope	2012 CanLII 2673 (NL SCTD)	NL	SC	30 days & 12 months	two victims, first was 11 years old and was asked for sex, the second was 14 and offender attempted to have intercourse
R. v. B.L.	2011 ABCA 375	AB	CA	3 years	oral sex; sexual touching of a child age 8 to 9 by uncle over age 70.
R. v. T.E.H.	2011 NSCA 117	NS	CA	18 months	2 incidents of inference of 15 boy; oral sex; no prior record
R. v. W.R.G.	2011 BCPC 330	BC	PC	12 months	father putting hands down 14 year old daughters pants on 3 occasions
R. v. P.A.	2011 NLTD 157	NL	SC	18 months	7 incidents of interference on child aged 12 to 13; brother’s step-daughter; offender aged 39 to 41; touching the victim’s breasts, vagina and putting the victim’s hand on offender’s penis
R. v. R. (G.W.)	2011 MBCA 62	MB	CA	4 years	prior related record; touching of 9 year old son
R. v. Johnson	2010 ABCA 287	AB	CA	21 months	put hands down pants of 14 year old
R. v. .P.S.	2010 ABCA 313	AB	CA	3 months	touched genital area twice of 8 year old girl
R. v. W.H.	2010 NLTD 62	NL	SC	5 month CSO	offender touched genitals of 14 year old girl outside of underwear but under dress and placed hands on breasts outside of clothes twice before--victim tried to push offender away twice--offender was 62 years old uncle of victim, no record, good employment history--convicted at trial
R v. J.B.C.	2010 NSSC 28	NS	SC	6 years	over 4 years multiple assaults on 9 year old. Digital penetration, fondling, just short of penetration
R. v. H.(W.)	2010 NLTD 62	NL	SC	5 months conditional	3 incidents of sexual touching of a minor over 16.
R. v. Pretty	2010 CanLII 8323 (NLPC)	NL	PC	6 months	while in a position of authority, he slapped the victim on the rear end, put his arms around the complainant, touched her breast, tugged on the neckline of her sweater, and asked if he could see her breasts.
R. v. Innerebner	2010 ABQB 188	AB	SC	7 years	6+ victims
R. v. C.E.D.	2010 NLTD(G) 192	NL	SC	5 months	offender age 60, kissed, touched 15 year old female on buttocks outside of clothing, and breast inside shirt. no record. good employment history.
R. v. Manjra	2009 ONCA 485	ON	CA	17 months	offender licked privates of 7 year old girl
R. v. A.W.S	2009 ABPC 225	AB	PC	3 years global	3 victims
R. v. D.A.P.	2009 ABCA 72	AB	CA	15 months jail and probation	sexual touching of grand-daughter aged 7 over 3 years; over low sentence
R. v. C.E.D.	2009 CanLII 65768 (NLPC)	NL	PC	10 months with 3 years probation	sexual advances on 16 year old include kissing and fondling of breasts
R. v. Oldford	2009 NLTD 124	NL	PC	5 months	offender sat on couch with 13 year old girl, touched her legs, pulled her shirt up, kissed her belly, opened his fly, exposed his penis and pulled her pants off--offender was age 34
R. v. S.C.	2009 SKQB 272	SK	SC	9 months	convicted of multiple touching of child under 14. Touching over clothes. Was in a stepfather role.
R. v. Olford	[2009] N.J. No. 214 (S.C.)	NL	SC		touching child's legs, pulled up shirt and kissed stomach, exposed penis and started pulling pants off.
R. v. H.C.	2009 ABPC 73	AB	PC	3 years	3 year old victim; kissing her neck, sucking and rubbing her breasts, rubbing up against her buttocks with an erect penis over her clothing, touching and rubbing her vagina over and under her clothing and digitally penetrating her vagina.
R. v. Lonegren	2009 BCSC 1678	BC	SC
R. v. M.F.S.	2008 ABCA 157	AB	CA	3 years before remand	prior record; 30 minute long assault of child of age 3.
R. v. Bird	2008 SKCA 65	SK	CA	30 months imprisonment	fondling of babysitter; victim under threat; 14 year old victim
R. v. McCombie	2008 NBQB 353	NB	SC	4 months	offender pled guilty to touching 14 year old child’s breast under her shirt
R. v. S.P.C.	2008 ABCA 280	AB	CA	18 months	sexual touching of 7 year old
R. v. Maha	2008 ABPC 22	AB	PC	1 year	9 year old made to masturbate offender to ejaculation
R. v. B.R.	[2007] N.J. No. 111	NL	SC	6 months	offender had touched the stomach, breast and vagina of his common law spouse’s thirteen year old granddaughter
R. v. Skwarchuk	2007 ABCA 195	AB	CA	27 months	4 incidents of non-consentual fellatio with girl aged 13.
R. v. Bachewich	2007 ABCA 199	AB	CA	12 months	50 year old rubbing vaginal area of sleeping 9 year old for several minutes
R. v. B.R.	2007 CanLII 10890 (NLPC)	NL	PC	5 months and fifteen days incarceration
R. v. Van Den Boogaard	2006 ABCA 183	AB	CA	6 months jail	58 year old offender was babysitting 13 and 11 year olds; girls were tied to a bed while naked; fondled one of them.
Bossé v. R.	2005 NBCA 72	NB	CA	13 months + probation	9 year old child performs fellatio and masturbates 19 year old offender
R. v. K.L.	2004 BCSC 797	BC	SC	18 month CSO	sexual touching of grand-daughter
R. v. J.G.C.	2004 NLSCTD 69	NL	SC	9 months	fondled buttocks through clothing of two boys (13 and 14 years old), also pressed his penis against boy’s back and simulated anal sex
R. v. L.M.B.	2004 NLSCTD 151	NL	SC	10 months	sexual assault on 6 year old grand-daughter, fondled girl’s vaginal area under her clothes--offender was 48 years old with prior record including two sex assaults
R. v. Kemper	2004 ABCA 348	AB	CA	2 years	touching 30 to 50 times over 3 years
R. v. D.(D.T.)	2003 ABQB 57	AB	SC	90 day intermittent	touching vaginal area under clothing
R. v. F. (J.P.)	2002 BCSC 756	BC	SC	13 mo CSO	touching private parts of 5 year old daughter
R. v. C. (R.)	2002 CanLII 14844 (NL P.C.)	NL	PC	4 months	teacher touches breast of 14 year old student
R. v. C.J.C.	2002 NSCA 45	NS	CA	21 months	progressive touching, including oral sex, of best friend's 13 year old daughter
R. v. W.C.C.	2001 N.J. No. 229 (P.C.)	NL	PC	6 months	sexual assault of six-year-old niece. Touching child on bum with the palm of his hand. He stated that he lowered her outside pants by an inch.
R. v. A.J.S.	1998, 167 Nfld. & P.E.I.R. 182 (N.L.C.A.)	NL	CA	3 months CSO	offender was convicted of sexually assaulting a young girl by placing his hand down her pants while sitting next to her on a plane.
R. v. Stuckless	1998 CanLII 7143 (ON CA)	ON	CA	5 years	offender pled to 24 counts of sexual assault on boys aged 10 to 15 years old over a period of 20 years.
R. v. E.C.S.	1997, 148 Nfld. & P.E.I.R. 347 (N.F.S.C.)	NL	SC	60 days CSO	67 year old accused touched the breasts of a twelve year old girl.
R. v. Yazelle	1994 CanLII 3860 (SKCA)	SK	CA	4 years	undress and fondle genitals of child; no penetration
R. v. Chipman	1993 106 Nfld. & P.E.I.R. 74 (N.L.S.C.)	NL	SC	60 days	63 year old offender embraced a 14 year old girl and touched her breast.
R. v. Bennett	1993 CanLII 2120 (BCCA)	BC	CA	12 months imprisonment	touching breast and kissing 13 year old
R. v. B.C.	1992 N.J. No. 358 ( S.C.)	NL	SC	90 days	accused fondled the breasts and vagina of his eleven year old niece

Intercourse

Case	Citation	Prv.	Crt.	Sentence	Summary
R. v. KDH	2012 ABQB 471 (CanLII)	AB	SC	5 to 7 years	offender also sentenced for a variety of sex offences against children (global 18 years). Offender had sexual relations with his own children and step-children over several years.
R v KM	2012 SKCA 95 (CanLII)	SK	CA	3 years	intercourse with three boys under age 16
R. v. Patey	2012 CanLII 51735 (NL SCTD)	NL	SC	3.5 years	offender was aged 29 to 30 when he had sexual intercourse and oral sex with two children aged 14 and 15. There were multiple offences--victims factually consented to all incidents except for one incident of anal sex
R. v. Bjornson	2012 ABCA 230 (CanLII)	AB	CA	17 months	offender was 22 years of age and had intercourse and other sex acts with a 15 year old niece.
R. v. D.M.	2012 ONCA 520	ON	CA	7 years	sexual assault of 15 year old over 3 years--offender in a position of trust
R. v. P.K.	2012 MBCA 69	MB	CA	36 months	offender sexually assaulted two sisters over several years
R. v. King	2012 ABQB 273	AB	SC	3 years	offender had a relationship with a 15 year old over several years. They would have intercourse several times a week.
R v MJ	2012 SKQB 168	SK	SC	3.5 years	sexual intercourse with 14 year old while they slept, also previous incident of interference (touching under clothes) for which he got 1 year
R. v. Merkuratsuk	2012 CanLII 2508 (NL SCTD)	NL	SC	45 days	female sexual asaulted 14 year old boy; intercourse for about 20 seconds
R. v. J.M.W.	2012 NSCA 9	NS	CA	2 years	sexual assault on 14 year old stepdaughter; multiple assuaults; full intercourse
R. v. C.L.J.	2011 ABCA 321	AB	CA	7 years	sexual assault causing bodily harm; choking; victim 6 years old, accused was uncle
R v JC	2011 MBPC 71	MB	PC	4 - 9 years	victim 6-13 years old; sexual intercourse, violence over many years; pregnancy
R. v. Woodward	2011 ONCA 610	ON	CA	6.5 years	victim age 12; luring over internet
R. v. Revet	2010 SKCA 71	SK	CA	18 months	no record; victim age 14
R. v. Leigh	2010 ONCJ 118	ON	PC	2 years less a day	two counts sexual assault, one anal intercourse, one fellatio. Victims were 11 and 14 years old. Crown recommended < 2 years.
R. v. A.G.A.	2010 ABCA 61	AB	CA	3 years	multiple acts of the offender's touching of the complainant’s penis; the offender's touching the victim’s penis; and one act of anal penetration.
R. v. R. J. B.	2007 ABPC 61	AB	PC	45 days	sexual intercourse x 2 with child of 13 years
R. v. Pritchard	2005 ABCA 240	AB	CA	2 years less a day CSO	19 year old meets 13 year old online; had unprotected sexual intercourse; plea to s.271
R. v. C.	2005 NSSC 3	NS	SC	3 years	conviction at trial offender placed his penis in child's vaginal area and anal area, caused significant pain.
R. v. R.S.	2005 CanLII 45184 (ON CA)	ON	CA	9 years	numerous sexual assault upon his children
Bossé v. R.	2005 NBCA 72	NB	CA	13 months and probation	19 year old offender twice had a child of 9 years perform fellatio on him and masturbate him until he ejaculated
R. v. D. (D.)	2002 CanLII 44915 (ON CA)	ON	CA	9 years 1 month	Over 7 years, the offender befriended 4 boys between ages 5 and 8 in order to engage in sexual activity including masturbation, oral sex, attempted and actual anal intercourse.
R. v. B.(G.)	(1999), 181 Nfld. & P.E.I.R. 1 (N.L.S.C.)	NL	SC	9 months	sexually assaulted a 13 year old girl who was the daughter of his neighbour. The offence involved digital penetration.
R. v. W.B.S.	1992) 127 A.R. 65 1992 CanLII 2761	AB	CA	5.5 years	"serious sexual assault" on child

Invitation to Sexual Touching

Case	Citation	Prv	Crt	Sentence	Summary
R. v. Renouf	2012 CanLII 25628 (NL PC)	NL	PC	14 days
R. v. E.J.K.	[2002] N.J. No. 388 (S.C.)	NL	SC	6 months	also convicted of sexual assault and interference--offender was naked and put child's hand on his penis and moved it up and down
R. v. T.L.M.	[2010] N.J. No. 99 (S.C.)	NL	SC	1 year	also convicted of sexual assault and interference--a number of incidents where the offender invited the victim to touch him
R. v. L.H.	2011 NLCA 4	NL	CA	1 year	on two or three occasions offender asked victim "to rub lotion on his penis"

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