The accused was charged with sexual interference, invitation to sexual touching, child luring, and sexual assault arising from online communications with a person under 16 whom he later met in person.
The court accepted the complainant’s evidence that sexual activity occurred during a brief encounter in the accused’s vehicle after months of sexually explicit communications and grooming behaviour.
The accused asserted he believed the complainant was 16, but the court found no air of reality to the defence under s.150.1(4) of the Criminal Code because he took no reasonable steps to verify age and ignored numerous red flags indicating youth.
The court further concluded that the communications constituted luring intended to facilitate sexual interference.
The Crown proved all elements of the offences beyond a reasonable doubt.
