R. v. D.J.D., 2012 SKQB 519

• Judge: Maher, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: December 06, 2012
• Jurisdiction: Saskatchewan
• Citations: 2012 SKQB 519;(2012), 408 Sask.R. 300 (QB)

R. v. D.J.D. (2012), 408 Sask.R. 300 (QB)

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. DE.092

Her Majesty the Queen (Crown) v. D.J.D. (accused)

(2011 CNJ No. 57; 2012 SKQB 519)

Indexed As: R. v. D.J.D.

Saskatchewan Court of Queen's Bench

Judicial Centre of Battleford

Maher, J.

December 6, 2012.

Summary:

The accused, a pastor, was charged with two counts of sexual assault against two complainants.

The Saskatchewan Court of Queen's Bench found the accused not guilty on both counts.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 666

Sexual offences - Rape or sexual assault - Consent and extorted consent - The accused, a pastor, was charged with sexual assault - The complainant (NJ) was a member of the accused's church - The accused provided counseling to NJ as a teenager for childhood and family problems - After graduating from high school in 1999, NJ lived with the accused and his family before moving away to attend college - NJ stayed at the accused's residence when she visited her hometown - The relationship between NJ and the accused became sexual in 2001 - It began with cuddling and progressed to oral sex, but they never had intercourse - The relationship continued off and on until 2008 - When they temporarily ceased the relationship, the accused told NJ to "pray upon it" and make sure she was comfortable before recommencing - The Saskatchewan Court of Queen's Bench found the accused not guilty - NJ was an adult and a willing participant for all occasions of sexual activity - She had willingly moved into the accused's home in 1999 even though she had other places she could have lived - The accused told her several times that they could stop their sexual relationship if she did not agree with it - The accused honestly believed NJ when she consented to their sexual activity - There was insufficient evidence to establish that the accused was in a position of trust, power or authority when the sexual relationship began in 2001 - See paragraphs 53 to 62.

Criminal Law - Topic 666

Sexual offences - Rape or sexual assault - Consent and extorted consent - The accused, a pastor, was charged with sexual assault - The complainant (AM) had a difficult childhood and lived with a foster family until she was 18 - She graduated from high school in 2005 - AM met the accused in 2005 after attending a memorial service at his church - They began meeting regularly to talk about her issues - They stayed in contact through emails when AM went away to college - AM quit college and moved in with the accused and his family in August 2006 - They attended church together and participated in numerous family activities - The relationship between AM and the accused became sexual in September 2006 - It began with cuddling and progressed to oral sex - They had anal intercourse on one occasion - When they occasionally ceased the relationship, the accused told AM to follow her conscience and make sure she was comfortable before recommencing - The relationship lasted for three and a half years - The Saskatchewan Court of Queen's Bench found the accused not guilty - AM was an adult and a willing participant for all occasions of sexual activity - The accused believed AM when she said she was a willing participant - There was insufficient evidence that the accused participated in any type of counseling or exerted any power over AM in the period that she lived at his residence or during their sexual relationship - See paragraphs 63 to 74.

Cases Noticed:

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352, refd to. [para. 48].

R. v. Ramsay (F.J.) (2001), 203 Sask.R. 53; 240 W.A.C. 53; 152 C.C.C.(3d) 84; 2001 SKCA 8, refd to. [para. 49].

R. v. Ewanchuk (S.B.), [1999] 1 S.C.R. 330; 235 N.R. 323; 232 A.R. 1; 195 W.A.C. 1, refd to. [para. 50].

R. v. Lutoslawski (J.) (2010), 260 O.A.C. 161; 258 C.C.C.(3d) 1; 2010 ONCA 207, refd to. [para. 51].

R. v. Alsadi (M.F.) (2012), 320 B.C.A.C. 149; 543 W.A.C. 149; 285 C.C.C.(3d) 316; 2012 BCCA 183, refd to. [para. 52].

Counsel:

J.S. Robertson, for the Crown;

W.H. Roe, Q.C., for the accused.

This matter was heard by Maher, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Battleford, who delivered the following judgment on December 6, 2012.