Two Canadian judicial decisions with spanking-sexual assault connection
(SOURCE: Repeal 43 Committee)

Case Citation: R. v. M (W.F.), Alberta, 1995, 41 C.R. (4th), 330 Ct. of Appeal
Child's Age & Sex: Girl, 12
Child's Misconduct: No details given
Punishment: Ordered by stepfather to remove slacks and underpants and spanked on bare buttocks
Charge: Sexual assault
Trial Decision: Acquitted on basis that spanking was simply discipline
Appeal Decision: Upheld with one dissent
Judges Comments: No sexual connotation. S.43 applies to girl age 12. Dissenting Judge held that forcing 12 year old girl to strip for spanking violated her sexual integrity and was a sexual assault; emphasized pattern of similar events over years and that disciplinary spanking didn't preclude act being sexual assault

Case Citation: R. v. Unreported, Ontario, 1995
Child's Age & Sex: Girls
Child's Misconduct: No details available
Punishment: Nieces allegedly spanked for discipline
Charge: Sexual assault
Trial Decision: Guilty
Appeal Decision: No appeal
Judges Comments: Spankings over several years were for sexual gratification, not for discipline.

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