Canadian Criminal Sentencing/Offences/Sexual Offences

General Principles
Sexual assault has been called an "evil".

Youthful Victims
Denunciation and deterrence have the highest priority in sentencing for offences involving the abuse of children.

The principles of restraint and rehabilitation are still a factor but are secondary for offences involving young victims.

A predatory sexual offence are those class of sexual offences where the offender uses the imbalance of power between himself and a victim, usually children, to satisfy sexual needs by way of a criminal offence.

Absent exceptional circumstances, denunciation, general and specific deterrence, and the need to separate offenders from society, take precedence over all other objectives of sentencing.

Children are recognized as one of the "most valued and most vulnerable assets." They are generally incapable of defending themselves and so are easily targeted.

It has been recognized by courts that child victims of sexual offences suffer from long lasting damage. They suffer from emotional trauma that is often permanent. As adults they "may become incapable of forming loving relationship, always fearful of revictimization by sexual partners. Further, the matured victim may become a sexual predator himself. It is often that an offender will report being victimized by other sexual predators as a child."

It has been suggested that sexual abuse of a child, particularly sexual intercourse, by a person in authority is in a range of 3 to 5 years.

Grooming
Evidence of "grooming" a youthful victim is an aggravating factor in sexual offences involving children. Grooming can take the form of cultivating a relationship of trust or undertaking a process of relinquishing inhibitions all with a view to advancing a plan to sexually exploit a young person.

Position of Trust
A person in a position of trust who abuses children over a longer period of time will normally receive a sentence in the upper single digits or more.

Historical Sex Offences
Historical Sexual Offences should not have their penalties reduced simply because of the time that has passed between the offence and sentence. The magnitude and culpability remain the same.

However, the passage of time can show that the offender is a low risk to re-offend and that the offence is not in the character of the offender.