O. Abergell

The accused was found guilty of sexual assault and sexual exploitation against his daughter.

The offences occurred when the victim was a teenager and involved inappropriate touching and measuring.

The court considered the accused's low risk of reoffending, lack of criminal record, and the historical nature of the offences, balanced against the significant breach of trust and psychological harm to the victim.

The court imposed a global conditional sentence of two years less a day, along with SOIRA registration, a DNA order, and a weapons prohibition.

The accused was charged with sexual interference, sexual assault, and multiple counts of sexual exploitation arising from conduct toward his teenage daughter.

The court assessed credibility under the framework in R. v. W. (D.) and considered whether touching and related conduct occurred for a sexual purpose within the meaning of the Criminal Code.

The evidence established that the accused measured the complainant’s breasts and body, conducted a breast examination, purchased sexual devices for her, repeatedly encouraged her to use them, and briefly touched her vaginal area with a vibrator while demonstrating its use.

The court concluded that these acts occurred within a relationship of trust and authority and constituted sexual exploitation and sexual assault.

The accused was acquitted of sexual interference because the Crown failed to prove the complainant was under 14 at the time of the touching.