R. v. D.M.

R. v. D.M.

The judge accepted the complainant's testimony as credible, found the accused committed multiple non-consensual sexual touches in the context of a pervasive sexualized environment, concluded each touching was for a sexual purpose and that the accused was in a position of trust, and therefore convicted on sexual exploitation (s.153(1)(a)) and sexual assault (s.271).

Citation
2020 BCSC 1389
Parties
Crown: Regina; Accused: D.M.; Complainant: L.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 July 2020
Procedural Posture
Criminal Sexual Offences / Trial Judgment (oral Reasons)
Outcome
Accused convicted on Count 1 (sexual exploitation s.153(1)(a)) and Count 2 (sexual assault s.271)
Legal Topics
Sexual Exploitation S.153(1)(a), Sexual Assault S.271, Consent and Mens Rea, Credibility Assessment, Position of Trust, Section 43 Defence
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Exploitation S.153(1)(a) Sexual Assault S.271 Consent and Mens Rea Credibility Assessment Position of Trust +1 more

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Parties

Regina

Crown

D.M.

Accused

L.M.

Complainant

Procedural Posture

Criminal Sexual Offences / Trial Judgment (oral Reasons)

Legal Issues

  1. 1 Whether the accused touched the complainant for a sexual purpose (s.153(1)(a))
  2. 2 Whether the accused committed sexual assault without consent (s.271)
  3. 3 Credibility and reliability of the complainant's evidence

Ratio Decidendi

The judge accepted the complainant's testimony as credible, found the accused committed multiple non-consensual sexual touches in the context of a pervasive sexualized environment, concluded each touching was for a sexual purpose and that the accused was in a position of trust, and therefore convicted on sexual exploitation (s.153(1)(a)) and sexual assault (s.271).

Court Disposition

Accused convicted on Count 1 (sexual exploitation s.153(1)(a)) and Count 2 (sexual assault s.271)