SELECTED CASE LAW
BRITISH COLUMBIA:
In 2015 BCSC 1721, 21-year-old Mr. L pled guilty to sexual interference, marijuana possession, and breach of recognizance. He met his 15-year-old victim on Nexopia, and offered her $100 to perform oral sex on camera. She agreed, and he picked her up from school and recorded their encounter. When L’s girlfriend later discovered the recordings, she made a fake Facebook profile and used it to send the video to the victim. She then posted the video on Facebook, where it was displayed to the victim’s friends and family.
Mr. L also filmed another 15-year-old girl during sex without her consent. The defence argued there was a lack of physical violence that should be taken into account in sentencing. The Court made no finding of grooming or predatory contact, but noted that filming is an aggravating factor on sentencing, which it said was “moderated somewhat by the fact that there is no evidence that [Mr. L] showed that video to any person or kept it for any purpose other than his own use.”[1] The Court sentenced Mr. L to 15 months imprisonment for sexual interference, 14 months imprisonment for sexual interference with another victim, and an additional 5 months imprisonment for possession and breach of recognizance, followed by 2-years probation.
[1] 2015 BCSC 1721 at 48.
Criminal Offence(s): Sexual Interference