Is the victim's age an aggravating circumstance in sentencing for sexual assault?
Yukon, Canada
The following excerpt is from R. v. Mathieson, 2018 YKSC 49 (CanLII):
More recently, in R v. D.B.S., supra, at para. 6, Justice Veale, as he then was, in sentencing an offender for sexual interference, considered the victim’s young age as a statutorily aggravating circumstance pursuant to s. 718.2(a)(ii.1) despite the fact that the age of the victim is an essential element of the offence which also carries a minimum sentence of imprisonment.
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