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Wrongly Convicted Database Record
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Charge: |
Child/Minor Sex Abuse (incl. molestation) |
Sentence: |
14 months and probation |
Years Imprisoned: |
0.58 |
Year Crime: |
2011 |
Year Convicted: |
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Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Canada |
County or Region of Crime: |
Saskatchewan |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Michael Tannas was wrongly convicted of sexual assault of minor in 2011 in Saskatchewan, Canada. Tannas met 13-year-old C.W. for the first time at a birthday party for the mother, who he did not personally know. The age of consent in Saskatchewan is 16, and Tannas thought C.W., who was maturely dressed, was 18. Other people at the party thought she was between 16 and 18. As the party wound down and people left and others fell asleep, C.W. initiated sex with Tannas, who was 26. When he told her he didn't have a condom she told him, "I don't have one either. Not to worry, I'm on the pill." After they fell asleep, C.W. awoke Tannas so they could hav sex again. When C.W.'s mother found out what had happened she contacted the police. Tannas was charged with sexual assault based on C.W.'s age and inability to legally consent to having sexual relations. Tannas' defense was that he believed C.W. was of legal age, so he didn't have the requisite intent to commit sexual assault of a minor. The judge disallowed that defense on the basis TAnnas had not taken "all reasonable steps” to ascertain C.W.’s age. The jury found Tannas guilty. He was sentenced to 14 months imprisonment, 1 year probation, 10 years firearm prohibition, and 20 years sex offender registration. Tannas appealed. On June 12, 2015 the Saskatchewan Court of Appeal.reversed Tannas' conviction and ordered his acquittal on the basis he didn't know he was having consensual sex with a 13-year-old girl, so he didn't knowingly commit statutory sexual assault. In Saskatchewan the age of consent is 16 and people who knew the girl thought she was 16 to 18." |
Conviction Caused By: |
Trial judge erred in disallowing Tannas' defense of a lack of criminal intent. |
Innocence Proved By: |
"On June 12, 2015 the Saskatchewan Court of Appeal.reversed Tannas' conviction and ordered his acquittal on the basis he didn't know he was having consensual sex with a 13-year-old girl, so he didn't knowingly commit statutory sexual assault. In Saskatchewan the age of consent is 16 and people who knew the girl thought she was 16 to 18." |
Defendant Aided By: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
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Information Source 1: |
"R v Tannas, 2015 SKCA 61 (CanLII) (Saskatchewan Ct of Appeal, 6-12-2015) (Reversing convictino based on lack of criminal intent.)" |
Information Location 1: |
https://www.canlii.org/en/sk/skca/doc/2015/2015skca61/2015skca61.html |
Information Source 2: |
"Regina man's sexual assault conviction overturned, Judge determines Michael Tannas didn't know he was having sex with a 13-year-old girl, By Lisa Schick, CJME News Talk 980 (Regina, Saskatchewan), June 24, 2015" |
Information Location 2: |
http://cjme.com/story/regina-mans-sexual-assault-conviction-overturned/563792 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org