The defendant, an Uber driver aged 29, was charged with three offences: Sexual Assault contrary to s. 271, Invitation to Sexual Touching contrary to s. 152, and Sexual Interference contrary to s. 151 of the Criminal Code.
The complainant had just turned 15 years old at the time of the incident.
The defendant picked up the complainant and two friends at a gala dance event in Oshawa in May 2016.
During the drive, the defendant initiated sexual contact by touching the complainant's penis in the front seat.
Subsequently, sexual contact occurred in the back seat of the vehicle.
The defendant was found guilty on all three counts.
The court rejected the defendant's mistake of age defence, finding that the defendant did not honestly believe the complainant was over 16 years of age and failed to take all reasonable steps to ascertain the complainant's age.