SELECTED CASE LAW
ONTARIO:
In 2016 ONCJ 694, the court sentenced Ms. R, a young offender who pleaded guilty of procuring a minor to become a prostitute (286.3(2)) to 16 months of probation with restrictive terms, including no access to Facebook, Twitter or Backpage. In October 2015, Ms. R (17 at the time) contacted the 12-year-old female complainant, Ms. HK, through Facebook and convinced her that she could help her make money if they and her boyfriend, Mr. K, worked together. She arranged to have the complainant meet them at a location, instructing her to bring “lots of sexy underwear and a bra as well as a Halloween costume because she could make more money.” Within the following days, K took nude and sexually explicit photos of the complainant, alone and with other girls, and posted her advertisements for sexual services on Backpage. The accused and K instructed the victim how to answer many of the calls from prospective customers and taught her how to speak to clients. She was required to provide sexual services over a ten-day period and subjected to a number of degrading acts, some of which caused her injury.
Ms. R claimed that she was simply following her boyfriend’s directive when it came to engaging in procuring girls for the sex trade. The Court noted significant psychological and physical challenges posed to Ms. R in her upbringing, as well as her current residency at an intensive therapy and counselling program through the province. It further found that Ms. R showed no remorse for her actions and required extensive restrictions in order to rehabilitate.
Criminal Offence(s): Human Trafficking and Advertising Sexual Services