R v Rayat

R. v. Rayat

2020 ONSC 6246
Ontario Superior Court of Justice — André J. | October 15, 2020

Background

Satnam Rayat, a 61-year-old martial arts instructor, was convicted of sexual assault, touching for a sexual purpose, and invitation to sexual touching following a bench trial. The victim was a twelve-year-old girl who complained to Peel Regional Police that between September 2015 and September 2016, Rayat had inappropriately touched her during private martial arts lessons. The abuse began when she was only eight years old and continued until she was nine.

The incidents occurred while Rayat was alone with the complainant in his gym. He exposed his penis to her on five or six occasions, placed his hand down her shirt and tickled her breast, and on one occasion had her hold his penis. Rayat was in a clear position of trust as her martial arts instructor, making the violation particularly serious.

Issues

1. What was the appropriate sentence range for these sexual offences against a child?
2. How should the court balance aggravating factors (abuse of trust, young victim) against mitigating factors (first offender, community support)?

The Sentencing Analysis

The Crown sought 18 months to two years less a day imprisonment, while the defence argued for six months. Justice André applied the fundamental principle in s. 718.1 of the Criminal Code — that sentences must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

The aggravating factors were severe: the victim was under 18 (statutorily aggravating under s. 718.2(ii.1)), Rayat abused a position of trust (statutorily aggravating under s. 718.2(iii)), the incidents occurred over a significant period, and the victim was extremely young when the abuse began. The court referenced R. v. D.D. where the Ontario Court of Appeal noted that adults in positions of trust who sexually abuse children 'on a regular and persistent basis over substantial periods of time' can expect 'mid to upper single digit penitentiary terms.'

However, the mitigating factors were also significant: Rayat had no criminal record, steady employment, extensive community support, suffered from major depressive disorder, and a psychological assessment concluded he had an 'extremely low risk for recidivism.' The judge noted that being a first offender doesn't significantly reduce sentences for child abuse cases, observing that being a 'respected, law abiding member of the community, is oftentimes the calling card of persons engaged in the abuse of children.'

Key Takeaway

Courts will impose serious jail time for sexual offences against children, even for first-time offenders with strong community support.

The twelve-month sentence, along with extensive ancillary orders including sex offender registration and a prohibition on contact with children, demonstrates that positions of trust carry heavy responsibilities — and violations of that trust result in severe consequences regardless of an offender's previous good character.