R. v. J.V., 2015 ONCJ 815

The judge began their decision remarks with “P.V. and J.V. were tried before me on 22 counts alleging the most despicable and odious physical and sexual abuse allegations imaginable”. They were the parents of the complainants, their two daughters KI.V and K.V who were aged 4 and 5 respectively when the abuse began, continuing for more than a decade. The abuse was only discovered and resulted in charges being laid after KI.V attempted suicide, on February 1, 2014, when she hung herself from a tree in the back of the family farm property with an electrical cord; after she awoke from a coma to learn that her sister, K.V., had told a hospital social worker that they had been abused by their parents, KI.V corroborated the story with a hospital worker (para. 4).

Charges included aiding and abetting sexual assault, physical assault, and sexual interference. The father J.V physically and sexually assaulted his two daughters, among other things, for around 12 years. Physical abuse included beatings, forced exercise, being hit with items, and being thrown into beehives. K.V described some of the physical abuse that took place included eating feces and their father encouraging their dog to bite them. The sexual assault of each complainant included intercourse, rape, and other activities, some of which they testified their mother P.V. was involved in. J.V. would often watch bestiality pornography as well, and encouraged both children to watch and forced KI.V to perform sex acts on him (para. 37). On more than one occasion, J.V forced KI.V to have intercourse with the family dogs (para. 39). K.V. would refuse to watch pornography which resulted in violent rape (para. 81).

Testimony from KI.V and K.V was the only available evidence. The judge ruled that KI.V’s testimony was credible, despite some inconsistencies in K.V’s testimony. The judge provided some interesting context regarding the influence of bestality in the crime, specifically at para 216, stating:

“None of the sexual activity KI.V. described defies belief, not even her account of her mother joining in after her father demanded it or the use of a dog after the inspiration of bestiality pornography. KI.V. said that she did not resist. She did what she was told by someone who asserted complete control over her. It is entirely believable that a victim that compliant under the control of a perverted parent could be made to endure the sexual indignity she described” (para. 216).

J.V was found guilty on 11 counts, including sexual assault, physical assault, and related offences, and acquitted on 4 counts due to insufficient evidence or legal issues, while the mother P.V was found guilty on 4 counts, including aiding and abetting sexual assaults and participating in one sexual assault and acquitted on other counts due to lack of evidence.

It is interesting to note that compelling the commission of bestiality (s. 160(2)) or bestiality in presence of or by child (s. 160(3)) were not listed among the charges laid, and only referenced in the conclusion where the judge finds the mother P.V. guilty of one count for having aided J.V. by placing a dog in the room with J.V. and KI.V., while KI.V. was being sexually assaulted by J.V., knowing or being wilfully blind that the dog would be used by J.V. in sexually violating KI.V (para. 322).