Tayyaba Khan

S.S.S. was found guilty of sexual assault and inviting a person under 14 to touch him for a sexual purpose, committed against a child complainant (2-4 years old) on three occasions in 2003-2004.

The court considered aggravating factors including abuse of trust, multiple incidents in the victim's home, and profound harm to the complainant.

Mitigating factors included no prior criminal record, continuous employment, and family support.

The court rejected a conditional sentence as unfit, citing R. v. Friesen for the need for denunciation and deterrence in child sexual assault cases.

A sentence of three years imprisonment was imposed, along with ancillary orders.

The accused, S.S., was tried on one count of sexual assault and one count of inviting a person under 14 to touch him for a sexual purpose, involving a child complainant.

The defense argued fabrication due to a financial dispute between S.S. and the complainant's father.

The court rejected the defense's evidence as implausible and inconsistent, particularly S.S.'s explanation for seeking forgiveness post-arrest.

The court found the complainant and her parents credible, accepting their accounts of incidents in the Scarborough townhouse.

While finding reasonable doubt for incidents in Red Deer and Stouffville, the court found S.S. guilty beyond a reasonable doubt for the incidents in Scarborough, which were sufficient for conviction on both counts.