Quotable Quotes: Sex Assault Sentence

R v Oshodin, 2011 ONSC 1152, 2010 CarswellOnt 10583: The offender forcibly removed the victim's clothing, performed digital penetration and attempted sexual intercourse.  In determining the appropriate sentence was one of 38 months incarceration, Thorbun J offered the following comments on the guiding principles for such a case:

Mr. Oshodin's crimes are serious.  He sexually assaulted and forcibly confined the victim.  While rehabilitation is always an important consideration, in cases that involve sexual assault and physical violence it is important to denounce Mr. Oshodin's conduct and to deter him and other like-minded persons from engaging in this kind conduct [para 22].

DG Mack

New & Notable: Sex Assault Sentence

The Ontario Court of Appeal recently reaffirmed its direction in R v DD, 2002 CarswellOnt 881, [2002] OJ No 1061 (CA) that "as a general rule, when adult offenders, in a position of trust, sexually abuse innocent young children on a regular and persistent basis over substantial periods of time, they can expect to receive mid to upper single digit penitentiary terms".  

In  R v IF, 2011 ONCA 203, 2011 CarswellOnt 1667, [2011] OJ No 1110 the Court of Appeal overturned a 2 year sentence, imposing 4 years in the penitentiary.  In IF the respondent sexually assaulted his three step-granddaughters over an eight-year period.  The abuse included touching and fondling their breasts and vaginal areas; performing oral sex on one victim; having two of the victims watch pornographic movies or magazines while he masturbated; and having one of the victims masturbate him [para 2].  Despite recognizing an early plea and acceptance of responsibility, the Court of Appeal held that 2 years was demonstrably unfit. 

DG Mack