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Facing sexual offence charges in Ontario is a serious matter with life-altering consequences. A recent decision by the Court of Appeal for Ontario, R. v. W.W., 2025 ONCA 115, highlights how a criminal case isn’t always over after trial—even if a defendant is acquitted, the Crown can still appeal and seek a conviction for sexual offences.
If you are under investigation or charged with sexual exploitation, sexual assault, or transmitting sexually explicit material, this case underscores why you need an experienced criminal defence lawyer for sex crime charges who understands how to fight these allegations in court and on appeal. Learn more about the appeal process in sexual assault cases here.”
Case Summary: From Acquittal to Conviction
In this case, W.W., a 52-year-old man, was initially acquitted of all charges, including:
✔ Sexual assault (Criminal Code s. 271)
✔ Invitation to sexual touching (Criminal Code s. 152)
✔ Transmitting sexually explicit material to a minor (Criminal Code s. 171.1)
The allegations involved a 15-year-old girl whom W.W. met through her father. She claimed W.W. made sexually inappropriate comments, asked for sexual acts, and sent explicit videos via Snapchat. The trial judge found reasonable doubt on all charges, including whether W.W. had the criminal intent (mens rea) required to convict him for sending explicit content to a minor.
The Crown appealed, arguing that the trial judge misapplied the law, and the Court of Appeal agreed, overturning the acquittal and entering a conviction on the charge of transmitting sexually explicit material to a minor.
Why the Court Overturned the Acquittal
The Court of Appeal found two major errors in the trial judge’s reasoning:
1️⃣ Misunderstanding Criminal Intent for Sex Crimes – The trial judge wrongly believed that the Crown had to prove that W.W. was personally in the videos he sent. In reality, the law only requires proof that he transmitted sexually explicit material to facilitate a sexual offence.
2️⃣ Downplaying Grooming Behaviour – The trial judge described W.W.’s messages and explicit content as “flirting” rather than grooming. The Court of Appeal rejected this, ruling that sending explicit material to a minor is a common grooming tactic used to lower inhibitions and facilitate future sexual offences.
Because of these errors, the Court of Appeal reversed the acquittal and entered a conviction, sending the case back for sentencing.
What This Means If You’re Accused of a Sex Crime
This case proves that even if you are acquitted, the Crown can appeal and seek a conviction. It also shows that courts are highly sensitive to grooming allegations and the use of electronic communication in sex-related offences.
If you are under investigation or facing charges for:
✔ Sexual assault
✔ Sexual interference
✔ Child luring
✔ Transmitting sexually explicit material to a minor
✔ Possession or distribution of child pornography
You need an aggressive criminal defence lawyer who understands the complexities of sex crime defence, digital evidence, and appeals.
Building a Strong Defence Against Sex Crime Charges
Being accused of a sex crime in Ontario can be overwhelming, but a strategic defence can make a difference. A strong criminal lawyer for sexual offences can:
✔ Challenge the credibility of witness testimony
✔ Expose weaknesses in the Crown’s evidence
✔ Fight the use of electronic messages as “proof” of intent
✔ Argue against improper legal reasoning
Charged with a Sex Offence? Contact a Defence Lawyer Now
If you or someone you know is accused of sexual exploitation, sexual assault, or transmitting explicit material to a minor, don’t wait. A conviction for a sex offence can lead to prison time, sex offender registry placement, and permanent reputation damage.
Contact a criminal defence lawyer in Ontario today to discuss your case and start building your defence.
