Toronto Criminal Lawyer

Sexual Assault — Toronto Criminal Lawyer

Client:  B.P., Accused
Complainant:  man in the sauna
Charge:  sexual assault

The Queen v. B.P.
Ontario Court of Justice, Toronto
Judge Cole
(conditional discharge for assault: 8 April 2002)

Crown:   D. Tsagaris, Assistant Crown Attorney, Toronto
Defence:  Craig Penney, Sexual Assault Defense Attorney, Toronto

¶ 1  THE COURT:  Arraign the accused when it is convenient, please.

¶ 2  CLERK:  Mr. P., you stand charged on or about the 22nd day of October, in the year 2001, in the City of Toronto, in the Toronto Region, did commit a sexual assault on A.T., contrary to the Criminal Code. How does the Crown elect to proceed?

¶ 3   CROWN:  Summarily, please.

¶ 4  CLERK:  Mr. P., how do you plead to this count as arraigned, guilty or not guilty?

¶ 5   MR PENNEY:  Your Honour, Mr. P., with the consent of the prosecutor pleads not guilty to the sexual assault, and guilty to the included offense of assault.

¶ 6   CROWN:  Yes.

¶ 7   THE COURT:  Have a seat, please.

¶ 8   CROWN:  The facts, Your Honour ...

¶ 9   THE COURT:  Just one moment before we go any further. Do I anticipate that the Crown is making an order pursuant to Section 486(3), and that the defense has no objection to such an order? Prohibiting the publication of the name of alleged victim?

¶ 10   CROWN:  That is correct.

¶ 11   MR PENNEY:  Yes.

¶ 12   THE COURT:  Thank you.

¶ 13   CROWN:  The victim in this matter is a member of the Scarborough Y.M.C.A., and routinely visits the facility three to four times a week. He is also a pastor for [his church]. On Monday, October 22nd of 2001, he attended the facility at about 7:20 p.m., spent his time in the pool, and then went to the showers at about 7:50. He entered the showers while the victim was also showering. Sorry, while the accused, I suppose, was showering. The victim became aware that the accused was watching him, but did not make any eye contact. The accused was watching him, which made the victim uncomfortable to the point where he had to look the other way as he exited the shower.

¶ 14   The victim followed his regular routine of then going to the sauna to dry off. He went to his normal spot, which was against the wall between the heater and the seats, and began to dry himself off. The accused followed him into the sauna. He walked up to the victim, and reached out and touched the victim's penis. The victim immediately pushed him away, and confronted him regarding his actions. The accused replied, I was just trying to get by.

¶ 15   The victim stated that there was no where for the accused to go as he was against the wall. The victim was very upset by the actions of the accused, and immediately reported the assault to staff, who attended the change rooms with the victim. At which time, the accused was found to be in the showers again. Police were then called, and they attended the scene, and arrested Mr. P.

¶ 16   THE COURT:  Mr Penney, to the extent that these facts support a finding of guilt in relation to the charge of assault, are they admitted?

¶ 17   MR PENNEY:  They are, Your Honour.

¶ 18   THE COURT:  Then I will make a finding of guilt. Any record?

¶ 19   CROWN:  No. There is no prior record being alleged.

¶ 20  THE COURT:  All right.

¶ 21  CROWN:  Your Honour, subject to the judicial pretrial we had this morning, we worked out a joint position for resolution on this matter. We are seeking a conditional discharge, followed by 12 months probation. Other than the statutory terms, we are asking that Mr. P. stay out of the Y.M.C.A.

¶ 22  THE COURT:  Street address, please. Actually, he should stay out of any YMCA in the Province of Ontario.

¶ 23  CROWN:  All right. Thank you. No contact directly, or indirectly with the complainant, and finally to continue counselling as directed by his doctor. I believe counsel will provide his name ...

¶ 24  MR PENNEY:  Continue counselling with Dr. Martin Chisvin as directed by Dr. Chisvin ...

¶ 25  THE COURT:  C-H-I-S-V-I-N?

¶ 26  MR PENNEY:  That's correct. As directed by Dr. Martin Chisvin.

¶ 27  THE COURT:  And to sign such releases as are necessary to authorize his probation officer to communicate with his treating physician.

¶ 28  CROWN:  Thank you. In terms of reporting, Your Honour, I will just leave that in your hands. I wouldn't be — I was thinking maybe once, and thereafter as required.

¶ 29  THE COURT:  Yes.