SELECTED CASE LAW

ONTARIO:

2013 ONCJ 801

In 2013 ONCJ 801, Mr. M, a 30-year-old man, pleaded guilty to sexual touching, sexual interference, possession of child pornography, making sexually explicit material available to a child, and luring a child. Over a three-week period, Mr. M had misrepresented his age to a 15-year-old girl and convinced her to send sexually explicit photos and videos. He sent her sexually explicit photos of himself. He repeatedly asked the girl to meet for sex, saying he was going to “rape” her. She refused, and he then threatened to send her sexual images to her mother un-less she had sex with him. He wrote her an essay and persuaded her to perform oral sex on him. When the police seized his cellphone, computer and other electronic devices they discovered 30 unique images of child pornography, nine containing child nudity and four videos with child pornography, including the ones of the girl. They also located two hard drives with additional images of child nudity and child pornography. The audio and video components were viewed in the judge’s chambers to “prevent the further victimization of the young persons depicted.”[1]

Following the offence, the girl’s family blamed her for what happened, and the girl engaged in self-harm.

Mr. M was sentenced to three years of incarceration, and additional orders including a DNA order, registering as a sex offender for life, a 10 years weapons prohibition, a 20 years prohibition from being near people under the age of 16, a forfeiture of devices used in the crime, and a no contact order with the victim and any member of her immediate family.


[1] 2013 ONCJ 801 at para 5.

 

Criminal Offence(s): Making Sexual Material Available to a Child