R. v. G.P.

R. v. G.P.

The trial judge accepted the complainant's account as truthful beyond a reasonable doubt based on detailed, corroborative knowledge of the accused's premises and circumstances of the encounter; similar fact evidence was admissible but not necessary to convict; given the solicitor-client relationship, age disparity and complainant's vulnerability the accused occupied a position of trust and authority; conviction for sexual exploitation under s.153(1)(a) follows.

Citation
2009 BCSC 640
Parties
Prosecution: Regina; Accused: G.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 May 2009
Procedural Posture
Criminal / Trial Reasons for Judgment
Outcome
Guilty of sexual exploitation contrary to s.153(1)(a) of the Criminal Code
Legal Topics
Sexual Exploitation S.153(1)(a), Similar Fact Evidence, Position of Trust and Authority, Admissibility of Prior Acquittal Evidence, Credibility Assessment, Publication Ban S.486.4
Source Language
English
Criminal Law Evidence Sexual Exploitation S.153(1)(a) Similar Fact Evidence Position of Trust and Authority Admissibility of Prior Acquittal Evidence Credibility Assessment Publication Ban S.486.4

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Parties

Regina

Prosecution

G.P.

Accused

Procedural Posture

Criminal / Trial Reasons for Judgment

Legal Issues

  1. 1 Did the accused touch the complainant for a sexual purpose?
  2. 2 Was the accused in a position of trust or authority towards the complainant at the time of the sexual contact?
  3. 3 Are similar fact allegations admissible despite a prior acquittal and do they meet threshold for probative value?

Ratio Decidendi

The trial judge accepted the complainant's account as truthful beyond a reasonable doubt based on detailed, corroborative knowledge of the accused's premises and circumstances of the encounter; similar fact evidence was admissible but not necessary to convict; given the solicitor-client relationship, age disparity and complainant's vulnerability the accused occupied a position of trust and authority; conviction for sexual exploitation under s.153(1)(a) follows.

Court Disposition

Guilty of sexual exploitation contrary to s.153(1)(a) of the Criminal Code

Orders

  • Accused found guilty of sexual exploitation contrary to s.153(1)(a) of the Criminal Code
  • Publication ban under s.486.4 of the Criminal Code prohibiting identification of complainant J.I. and witness M.R.