The accused was convicted of invitation to sexual touching under section 152 of the Criminal Code following a consensual romantic relationship with a 14-year-old complainant when the accused was 19 years old.
The age difference was five years and 35 days, placing the accused just outside the five-year close-in-age exception under section 150.1.
The sentencing court found that imposing the mandatory minimum 90-day custodial sentence would be grossly disproportionate to the circumstances, including the consensual and non-exploitative nature of the relationship, the complainant's lack of harm, the accused's excellent character and remorse, and the minimal difference from the statutory exception.
The court imposed a suspended sentence with 12 months probation, 25 hours community service, DNA registration, and a 10-year SOIRA order.
