SELECTED CASE LAW
ONTARIO:
In [1998] OJ No 3973 (ONCJ), Mr. R was convicted of threatening to cause serious bodily harm, breaching his probation and making harassing phone calls, with suspended sentences, short jail terms, community service, fines, and probation having no effect on his behavior. One of his vic-tims hung up on him, which led Mr. R to damage his car and set fire to his home. Mr. R was diagnosed with multiple paraphilias, including homosexual paedophilia, sexual sadism, sexual masochism, and telephone scatologia (making obscene telephone calls), and had a long history of making harassing calls, often to male victims.
The Crown applied to have him declared a long-term offender. Mr. R was obsessed with making phone calls to strangers, he got sexual gratification from engaging his victims in discussion about what type of boots they wore. The conversations would grow increasingly sexual, violent, menacing and sinister over time, including asking his victims to harm him in sexually graphic ways and threatening to hurt them. His calls included grotesque descriptions of violence. He called one business on its 1-800 number 10-20 times. He had no empathy for his victim and had no interest in treatment.
He was sentenced to 24 months’ imprisonment, additional orders included Mr. R being housed at facility with programs for special needs and sex offenders, prior to release being prescribed sex drive reducing medication, supervised as a long-term offender for 5 years, attend a re-lapse-prevention program for sex offenders, and have no-contact with victims or be near their home or work.
Criminal Offence(s): Harassing Communications