Sexual assault
R. v. R.L.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender pleaded guilty to six counts of sexual assault involving 12 women who came to him for massage sessions between 2018 and 2020. The Crown sought two years in jail followed by three years of probation; the defence asked for a conditional sentence of 18 months to two years less a day. Justice Caldwell imposed consecutive jail terms totalling 24 months, followed by 36 months of probation, finding that denunciation and deterrence must be the primary focus where an offender exploited a position of trust over vulnerable victims.
In the judge's words
1I agree with the authorities that conclude that in situations such as the present, where the offences involve vulnerable victims and an offender who was in and exploited a position of trust relative to those victims, the primary focus on sentencing must be denunciation and deterrence.
The record
- Convicted of
- Sexual assault (CC 271, 6 counts)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 18 months conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: T.M.M. Roy
Defence: W.M. Finch, K.C.
Sources
- R. v. R.L., 2023 BCSC 2154 Court decision, CanLII, November 2, 2023
[42] The Crown seeks a term of imprisonment of two years plus a three‑year term of probation with statutory terms
[43] … They submit, however, that it would be more appropriate in the range of 18 months to two years less a day, but that it should be served as a conditional sentence, known in general terms as "house arrest", rather than in a prison or penitentiary setting.
[33] As noted, … has no criminal record.
[68] I agree with the authorities that conclude that in situations such as the present, where the offences involve vulnerable victims and an offender who was in and exploited a position of trust relative to those victims, the primary focus on sentencing must be denunciation and deterrence.
[75] Accordingly, the total jail sentence is, as suggested by Crown counsel, 24 months or two years. … [77] In addition to this term of imprisonment, I impose a 36‑month term of probation to follow your release, sir.
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. R.L., 2023 BCSC 2154 Court decision, Courts of British Columbia