Sentencing for sexual abuse of children

R. v. Cloutier, 2011 ONCA 484 is a sad case of sexual abuse of children by a priest. The case deals mainly with appearance of fairness at trial but concludes with a useful statement of the law relating to sentencing in sexual abuse of children cases:

[115]     The primary considerations in the determination of a fit sentence for cases involving the sexual abuse of children are denunciation, deterrence and the need to separate offenders from society:  R. v. D.(D). (2002), 58 O.R. (3d) 788 (C.A.), at paras. 34, 42-43.  The trial judge correctly identified the primary considerations in this case as being denunciation and deterrence.  While it is true that more than 26 years passed between the most recent offence and sentencing, these were serious sexual offences.  Aggravating factors that were appropriately considered by the trial judge include the appellant's position of trust, respect and authority as a priest; the appellant's "grooming" of the boys through the provision of gifts, cigarettes and alcohol and the taking of trips; and the young age of the complainants.  The sentence must reflect these factors.

[116]     As stated out by Moldaver J.A. in D.(D). at para. 44, "when adult offenders, in a position of trust, sexually abuse innocent young children on a regular and persistent basis over substantial periods of time, they can expect to receive mid to upper single digit penitentiary terms".  This sentence is at the low end of that range and is entirely appropriate in the circumstances.