Is digital penetration of the vagina of a sleeping victim considered a major sexual assault?
Newfoundland and Labrador, Canada
The following excerpt is from R. v Flowers (Sentence), 2020 CanLII 4578 (NL PC):
I conclude that digital penetration of the vagina of a sleeping victim will usually be considered to be a major sexual assault: see also R v. Jensen, 2019 ABQB 873, at para 25.
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