Saturday, December 29, 2012

Sentencing for sexual abuse

R v D.M. 2012 ONCA 894 deals with the appropriate range for sentencing for sexual abuse of minors. The Court held, in reducing a sentence to four years :

" those cases where this court has either upheld or imposed penitentiary sentences of 5 years or more, one or more of the following aggravating circumstances has been present:

. Sexual intercourse
. Oral sex
. Incest
. More than one victim
. Grooming of the victim
. Other acts of physical violence
Or threatened physical violence
to obtain compliance and keep
the abuse secret
. A previous criminal record for
Sexual abuse

None of these aggravating circumstances were present in the subject case."


Anonymous said...

Honestly; I don’t remember the last time I even heard of a person getting over 5 years for molesting children. I do know of a case almost twenty years ago on P.E.I. where Leroy Potts (there was no publication ban on his name) received 8 years for aggravated sexual assault on a minor. Of course the Graham James deal seem to have some of those factors outlines in the case you mentioned.

Anonymous said...

Leroy potts made a deal to get out of an attempted murder charge. His case was hardly a regular child molestation case as he tried to murder his victim by beating her to death. He was my uncle and his victim is my sister. This case was more of an attack/rape than a regular child molestation case.