Sexual assault
R. v. Parker
- No jail for a violent offence
Sentence and the Crown's position
What the law allows
Stuart Parker was found guilty after trial of sexually assaulting a co-worker in 2019 by grabbing her breast after she told him he could not touch her. The Crown recommended a suspended sentence with two years of probation; the defence sought a conditional discharge. Chief Judge Williams imposed a suspended sentence with two years of probation, finding a discharge would be contrary to the public interest, and granted a Charter remedy exempting him from SOIRA registration.
In the judge's words
1Mr. Parker asks if he can touch the victim’s breast; he is told no, categorically. He ignores her response. He touches her breast for his own gratification. This is not simply an error in judgment; this is a flagrant disregard for the victim’s personal autonomy.
The record
- Convicted of
- Sexual assault (CC 271)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Discharge1
- Appeal
- Not yet checked
- Counsel
- Crown: Tiffany Thorne
Defence: Bruce Muir
Sources
- R. v. Parker, 2023 NSPC 38 Court decision, CanLII, June 26, 2023
[7] The Crown recommends a suspended sentence and two-year probation order with reporting, to have no contact with the victim, to undergo counselling and to report back to the court in one year for a status update.
[8] The Defence seeks a conditional discharge with a three-year probationary term, including community service.
[1] On January 16, 2023, Stuart Parker is found guilty after trial of sexually assaulting a co-worker on December 17, 2019 (by momentarily grabbing/squeezing her left breast) after having been told not to.
[21] Mr. Parker has no criminal record, and he does not appear to be a risk to reoffend.
[32] … Mr. Parker asks if he can touch the victim’s breast; he is told no, categorically. He ignores her response. He touches her breast for his own gratification. This is not simply an error in judgment; this is a flagrant disregard for the victim’s personal autonomy.
[34] Accordingly, I impose a suspended sentence and probationary period of two years with the following ancillary conditions:
- Criminal Code, s. 271 Record, Justice Laws Website
- R. v. Parker, 2023 NSPC 38 Court decision, Courts of Nova Scotia