Saskatchewan's highest court has ordered a new trial for a former educational assistant previously convicted of sexual crimes against two teen boys, but upheld other convictions, resulting in a partial victory for the woman.
Appeal Decision Details
The Saskatchewan Court of Appeal (SKCA) set aside some of Stacey Duke's convictions related to sex crimes against two minors, while determining that others will stand. The decision, written by SKCA Justice Jerome A. Tholl with Justices Neal Caldwell and Meghan McCreary concurring, was released on May 25.
The new trial pertains only to Duke's convictions in relation to one of the boys, which were overturned. Her convictions regarding the other boy were upheld and are not subject to retrial.
Background of the Case
Following a Regina trial in March 2025, a jury found Duke guilty on two counts of exploitation, two counts of making sexually explicit material available to a child, and two counts of luring. In June 2025, she received a 28-month prison sentence for four offences after two luring counts were stayed by the trial judge, Court of King's Bench Justice Neil Robertson. The sentence for the two upheld convictions is 16 months.
The two victims were former students of Vibank Regional School, where Duke worked as an educational assistant. They cannot be identified due to a publication ban.
Key Legal Issue
A central issue at trial was whether Duke was in a position of trust or authority over the boys at the time of the offences, which occurred in fall 2022. Duke admitted to asking one boy for sex and sending him an explicit video, but these acts would not constitute the alleged crimes without a finding of trust or authority.
Her lawyer, Jessica Bihun, argued Duke was not in such a position. Duke denied sending the other victim explicit materials or requests for sex.
The SKCA found that the trial judge's instructions to the jury were insufficient regarding the nuanced relationship between Duke and the boy she admitted to soliciting. As a result, those convictions were set aside, and a new trial was ordered on charges pertaining to that boy only.
Duke, who was out on bail pending the appeal, has been ordered to surrender to police and begin serving her sentence for the upheld convictions.
