Facts
X. (born in 1970) and A. (born in 1969) had been engaging in regular sexual relations since 1996. On September 3, 2002, X. coerced A. to undergo sexual acts, including sexual intercourse and acts analogous to sexual intercourse, which he filmed with a webcam. X. was also found guilty of pornography for having disseminated these recordings on the internet. The court of first instance sentenced X. to 3 months' imprisonment with probation. The public prosecutor appealed, requesting a sentence of 16 months' imprisonment with probation. The court of appeal upheld the judgment of the court of first instance.Considerations
The SCC considers that the sentence for sexual coercion, in particular the act analogous to sexual intercourse (fellatio), cannot be considerably lower than the one that would have been imposed for rape in comparable circumstances, i.e., at least one…