What is the impact of sexual abuse on sentencing of a child abuser?

Nova Scotia, Canada


The following excerpt is from R. v. J.V.S., 2015 NSPC 73 (CanLII):

In R v. Woodward, 2011 ONCA 610 at para. 72, Justice Moldaver reviewed his earlier remarks made in R. v. D(D), supra, at paras. 34-38 and he succinctly summarized the plight of children, in general, who have been sexually abused by a person in a position of trust as well as the principles and objects of sentencing that must take precedence when adult offenders choose to exploit innocent young children. Moldaver JA summarized those relevant considerations and principles as follows: (1) Our children are our most valued and our most vulnerable assets; (2) We as a society owe it to our children to protect them from the harm caused by sexual predators; (3) Throughout their formative years children are very susceptible to be taken advantage of by adult sexual offenders and they make easy prey for such predators; (4) Adult sexual predators recognize that children are particularly vulnerable and they exploit this weakness to achieve their selfish ends, heedless of the dire consequences that can and often do follow; (5) Three such consequences are now well recognized: (i) children often suffer immediate physical and psychological harm; (ii) children who have been sexually abused may never be able, as an adult, to form a loving, caring relationship with another adult; (iii) children who have been sexually abused are prone to become abusers themselves when they reach adulthood; and (6) Absent exceptional circumstances, in the case of adult predators, the objectives of sentencing commonly referred to as denunciation, general and specific deterrence and the need to separate offenders from society must take precedence over other recognized objectives of sentencing.

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