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Criminal - Sexual Exploitation. R. v. R.S.
In R. v. R.S. (Ont CA, 2023) the Court of Appeal considered the 'position of trust or authority towards a young person' element of the charge of sexual exploitation [CCC 153(1)(a)]:[11] The offence of sexual exploitation under s. 153(1)(a) of the Criminal Code, as it stood prior to 1998, provided that it was an offence for an adult to have sexual contact with a person that is 14 or older, but under the age of 18 (a “young person”), where the young person was in a relationship of dependency with the adult, or where the adult was in a position of trust or authority towards the young person. In these circumstances, any apparent consent of the young person to sexual activity was irrelevant.
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[42] Moreover, contrary to the defence submission, it was not necessary for the Crown to prove that the complainant herself viewed the relationship as one of trust: R. v. Aird, 2013 ONCA 447, 307 O.A.C. 183, at para. 24. As the trial judge correctly pointed out, it is sufficient if, having regard to the age differential between the young person and the accused, the evolution of their relationship, and the status of the accused in relation to the young person, the court is satisfied beyond a reasonable doubt that the accused was in a position of trust: R. v. Audet, 1996 CanLII 198 (SCC), [1996] 2 S.C.R. 171, at para. 38.
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