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May 1, 2017

Supreme Court of Canada decision: Sexual Interference


The Supreme Court of Canada released the following decision:

R. v. George, File no. 37372

(We are all of the view that the appeal should be allowed and the acquittals restored. Criminal law — Criminal Code offences — Sexual offences, public morals, disorderly conduct and nuisances — Sexual offences — Sexual interference — Offences against person and reputation — Assaults — Sexual assault — Appeal by Crown from acquittal for sexual interference and sexual assault allowed — George had sexual intercourse with 14-year-old friend of her teenage children — George had not known complaint's age at time of encounter — Acquittals were set aside, and new trial was ordered — Trial judge considered matters unknown to George at time of offence and complainant's level of sexual experience as revealed by sexual encounter itself to determine if Crown had proven George had failed to take all reasonable steps to ascertain complainant's age — Criminal Code, s. 150.1(4).)
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