Accused plead guilty to sexual assault. Complainant was accused’s adopted daughter. Incidents occurred between 2001 and 2006 when the complainant (who was developmentally delayed) was aged 14-19. The accused touched the complainant’s breast and vaginal area (“some attempts at digital penetration which were probably unsuccessful”). Accused confessed and engaged in treatment.
Held: CSO imposed.
Accused had no record and was evaluated as a low risk of reoffending. As per s. 718.2(e) CC, actual jail was unnecessary as a last resort sentence.
D. Boisvert, Defence Counsel