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Stepfather sentenced to 16 years for prolonged sexual abuse of two stepdaughters and making child pornography.
Sentencing for multiple sexual offences against children, including two counts of sexual interference, one count of sexual exploitation, four counts of making child pornography, and one count of possession of child pornography.
The offender, in a position of trust as stepfather, sexually abused two stepdaughters over a period exceeding six years, commencing when the victims were 9 and 11 years of age.
The abuse escalated in severity and frequency and included video-recording of the sexual assaults.
The court applied the principles from R. v. Friesen, 2020 SCC 9, prioritizing denunciation and deterrence as paramount sentencing objectives, and considered the significant aggravating factors including breach of trust, duration and frequency of offending, the creation of child sexual abuse material, and the severe impact on the victims.
A global sentence of 16 years imprisonment less enhanced pre-sentence custody credit was imposed, along with ancillary orders including lifetime SOIRA, DNA order, firearms prohibition, s. 161 order, and non-communication order.
Evidence of a complainant's recanted prior sexual assault allegation is admissible to assess credibility.
This decision addresses the admissibility of evidence under s. 276 of the Criminal Code concerning a complainant's prior sexual activity and a purported recantation of a previous sexual assault allegation against her biological father.
The court found that the evidence of the complainant's prior allegation and recantation is admissible because it is relevant to the complainant's credibility and has significant probative value that is not substantially outweighed by the danger of prejudice.
The ruling clarifies the application of the twin myths prohibition, the criteria for admissibility under s. 276(2), and the balancing of interests under s. 276(3), emphasizing the accused's right to make full answer and defence.
