The man was in a room with the children, five and nine years old, when the younger child asked if she could look at his genitals. The man then pulled down his pants and taught the child to touch his genitals. It lasted for a few minutes and involved several touches. The nine-year-old child witnessed what happened.
In a guiding verdict, the Supreme Court now rules that the man is to be convicted of gross sexual assault against a child against the five-year-old, as well as gross child abuse and sexual harassment against a child against the nine-year-old who witnessed the event.
In assessing that it is a gross crime, the Supreme Court emphasizes that there were several touches and not "a completely hasty process". The court particularly highlights the five-year-old child's young age and that they are related.
The man is sentenced to two years in prison.
One justice is dissenting and does not believe that the crimes should be classified as gross. He points out that the man was not "driving but rather relatively passive", and that nothing has emerged to suggest that he "exploited his position as a relative to force or persuade the child to perform the act".
