R. v. Cape

R. v. Cape

Because the accused, as employer, controlled hiring, firing, shifts, pay and workplace access, initiated and escalated the sexual relationships, and counselled secrecy, the Crown proved beyond a reasonable doubt that he was in a position of authority over both complainants and thus guilty under s.153.

Citation
2009 BCSC 1631
Parties
Crown: Regina; Accused: John Clifford Thomas Cape; Complainant: S.C.; Complainant: M.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 October 2009
Procedural Posture
Criminal / Trial Judgment Verdict
Outcome
Guilty on both counts of sexual exploitation contrary to s.153 of the Criminal Code
Legal Topics
Sexual Exploitation of Young Persons, Position of Trust or Authority, Employer Employee Relationship, Section 153 Criminal Code, Consent Not a Defence
Source Language
English
Criminal Law Sexual Offences Employment Relations Sexual Exploitation of Young Persons Position of Trust or Authority Employer Employee Relationship Section 153 Criminal Code Consent Not a Defence

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Parties

Regina

Crown

John Clifford Thomas Cape

Accused

S.C.

Complainant

M.S.

Complainant

Procedural Posture

Criminal / Trial Judgment Verdict

Legal Issues

  1. 1 Whether the accused was in a position of trust or authority under s.153 of the Criminal Code
  2. 2 Whether employer control can constitute a position of authority under s.153
  3. 3 Relevance of absence of grooming, coercion or favourable treatment in assessing position of authority

Ratio Decidendi

Because the accused, as employer, controlled hiring, firing, shifts, pay and workplace access, initiated and escalated the sexual relationships, and counselled secrecy, the Crown proved beyond a reasonable doubt that he was in a position of authority over both complainants and thus guilty under s.153.

Court Disposition

Guilty on both counts of sexual exploitation contrary to s.153 of the Criminal Code

Orders

  • Conviction entered on Counts 1 and 2
  • Publication ban: identity of the complainants and identifying information not to be published pursuant to s.486.4(2) Criminal Code