Sexual Offences

There are many offences under the Criminal Code that fall under the category of a sexual offence. In addition to traditional sexual offences such as sexual assault, sexual interference and indecent acts, the development and proliferation of the internet has created a whole new category of sexual offences. These include offences such as luring a child over the internet and communicating with someone under the age of 18 in relation to the payment for sexual services.

Online investigations by the RCMP and local police forces are regular and target offences such as the possession and accessing of child pornography as well as the making and distribution of such materials. These are extremely serious offences in Canada and often commence with an online investigation or tip being received by a law enforcement agency and end with the execution of Search Warrants and the seizure and forensic examination of electronic devices such as computers, smart phones, tablets and laptops.

Case Results

R. v. O.M. [2018]
Client and his friend were charged with sexual assault that arose on what had started as a consensual sexual interaction involving three people. The allegations were attacked factually and multiple meetings and discussions with the prosecutor which ultimately resulted in charges being DROPPED and client entered into a PEACE BOND – NO CRIMINAL RECORD.

PEACE BOND – NO CRIMINAL RECORD.

R. v. K.L. [2018]
Client was advised that he was under investigation for sexual assault and had been contacted by the police to make a statement. Mr. Shapray was retained during the investigation stage of the proceedings to advise client and his family and determine the best strategy for dealing with the investigation by the police. After a number of months, client advised by the police that NO CHARGES were to be laid and that the file was being closed.

NO CHARGES.

R. v. S.J. [2018]
Client retained Mr. Shapray after he was placed under investigation for sexual assault in relation to an encounter with an escort he met online. Challenges were made to the credibility of the person who made the complaint which ultimately led to NO CHARGES being approved.

NO CHARGES.

R. v. Y.W. [2017]
Female client under police investigation for a sexual allegation arising out of a situation in a massage parlour. Mr. Shapray was retained during police investigation and engaged in discussions with the investigating police officer and the Crown prosecutor resulting in a decision not to proceed with charges – NO CHARGE!

NO CHARGE.

R. v. S.N. [2017]
Client arrested in relation to an allegation made by a woman who met through a social media app. Client has believed all contact was consensual and was shocked at police involvement. Mr. Shapray was retained during the investigative stage and became primary point of contact with the police. After a few months, the police determined that there was not enough evidence and did not prepare a Report to Crown – NO CHARGE.

NO CHARGE.

R. v. J.G. [2017]
Female client charged with two counts of sexual assault. One charge spanning a two year period against another female friend. The other charge against a male at a party. All allegations denied as being false. Case was set for a preliminary inquiry to challenge the accusations under oath and prepare for a trial. Issues arose on the morning of trial that led to negotiations resulting in a Peace Bond resolution – NO CRIMINAL RECORD and NO JAIL.

PEACE BOND – NO CRIMINAL RECORD and NO JAIL.

R. v. M.O. [2017]
Client charged with sexual offences over the internet after being caught up in a Creep Catchers sting. Issues with the police investigation and the nature of the Creep Catchers involvement were raised with Crown Counsel during the initial stages of the case and the charges were dropped with client entering into a Peace Bond – NO CRIMINAL RECORD.

PEACE BOND – NO CRIMINAL RECORD.

R. v. T.H. [2017]
Client was a female teenager who had worked for a number of years as a babysitter for a family in the neighborhood. Charges of sexual assault and sexual interference were brought by one of the children being babysat over the years. Client found NOT GUILTY by the Judge after a trial in which the evidence of the complainant was vigorously challenged through cross-examination and many aspects of the allegations were demonstrated to have never taken place.

NOT GUILTY.

R. v. S.D. [2017]
Client was a truck driver who was stopped randomly at the Canadian border and had his phone searched by border guards. A video that met the definition of CP was found on the phone within a social media app. Client denied ever being aware of the video or ever accessing it on his phone. This issue was pressed by Mr. Shapray during the initial stages of the case and the charges were DROPPED by the prosecutor after the technical analysis was demonstrated to support the client’s version of events.

CHARGES DROPPED.

R. v. M.N. [2017]
Client contacted Mr. Shapray after search warrant executed on his residence in relation to an allegation that he had set up hidden cameras in his ex-girlfriend’s apartment to record her. Mr. Shapray was involved with the police during the investigation and the charges were not sent to Crown for approval and the client’s property was returned.

NO CHARGES.

R. v. D.L. [2017]
Client in the interior of BC charged with sexual interference as a result of a relationship with a woman under the legal age of consent. Mr. Shapray examined police file and conducted defence investigation which resulted in evidence that the woman had lied about her age and that the case could not be prosecuted as client had a valid defence – CHARGES DROPPED – NO CRIMINAL RECORD.

CHARGES DROPPED – NO CRIMINAL RECORD.

R. v. H.M. [2017]
Client under investigation for odd allegation of non-consensual sexual relationship with a former girlfriend. Mr. Shapray retained during investigation and dealt with police and crown prosecutor resulting in NO CHARGES. CASE CLOSED!

NO CHARGES. CASE CLOSED!