R. v. D.C.

R. v. D.C.

On the admitted and uncontroverted evidence that the accused showered with the complainant until about age 10–11, applied nivea cream to her vaginal area and shaved her pubic hair at that age, those acts objectively violated the complainant’s sexual integrity and satisfy the actus and mens rea for s.271 sexual assault; however, the Crown failed to prove beyond a reasonable doubt that the accused had the requisite sexual purpose for the specific intent offences (s.151 and s.152), so those counts are acquitted.

Citation
2024 NSPC 1
Parties
Prosecution: His Majesty the King; Accused: D.C.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 January 2024
Procedural Posture
Criminal / Trial Judgment
Outcome
Convicted on s.271 (sexual assault); Acquitted on s.151 (sexual interference) and s.152 (invitation to sexual touching); s.155 (incest) was dismissed at close of evidence per Crown invitation; publication restriction under s.486.4 remains in effect.
Legal Topics
Sexual Assault, Sexual Interference, Invitation to Sexual Touching, Incest, Publication Ban, Credibility Assessment, W(d) Test, Testimonial Aids
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Sexual Interference Invitation to Sexual Touching Incest Publication Ban +3 more

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Parties

His Majesty the King

Prosecution

D.C.

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the accused’s touching and conduct violated the complainant’s sexual integrity under s.271 Criminal Code (objective test)
  2. 2 Whether the Crown proved the specific intent required for sexual interference (s.151) and invitation to sexual touching (s.152)
  3. 3 Admissibility and weight of the accused’s admissions and statements

Ratio Decidendi

On the admitted and uncontroverted evidence that the accused showered with the complainant until about age 10–11, applied nivea cream to her vaginal area and shaved her pubic hair at that age, those acts objectively violated the complainant’s sexual integrity and satisfy the actus and mens rea for s.271 sexual assault; however, the Crown failed to prove beyond a reasonable doubt that the accused had the requisite sexual purpose for the specific intent offences (s.151 and s.152), so those counts are acquitted.

Court Disposition

Convicted on s.271 (sexual assault); Acquitted on s.151 (sexual interference) and s.152 (invitation to sexual touching); s.155 (incest) was dismissed at close of evidence per Crown invitation; publication restriction under s.486.4 remains in effect.

Orders

  • Conviction recorded for s.271 Criminal Code (sexual assault)
  • Acquittal entered for s.151 Criminal Code (sexual interference)