SELECTED CASE LAW
BRITISH COLUMBIA:
In 2012 BCCA 405, Mr. K pleaded guilty to 15 sexual offences, 14 offences involved complain-ants from Columbia and Cambodia. The 15th was for the importation of child pornography.
Mr. K unsuccessfully challenged the constitutionality of the section of the Criminal Code that allows for Canadian citizens and permanent residents to be charged with crimes against children committed in other countries. At trial, he was sentenced to 11 years in jail.
Mr. K had mailed himself 65 DVDs from the Philippines. 35 contained adult pornography, eight contained bestiality, and 10 contained clips of child pornography. The covers of the DVDs contain-ing child pornography made it clear that it was child pornography on the DVDs. The police sub-sequently searched Mr. K’s home and storage locker and found additional DVDs, magazines, and tapes containing child pornography, some of which were films of Mr. K engaging sexually with prepubescent and teenage girls in Cambodia and Columbia. He had paid someone to edit the videos so his face was blurred out. Mr. K had been living in Columbia on and off for 20 years and had visited Cambodia. He showed little remorse and argued that it was legal for him to have sex with the children in that country, that the girls were already in the sex trade so the effect of his abuse was lessened, that “women are ready when they are ready” and he “is guilty of loving women too much”. The police located some of the underage girls, who testified that Mr. K filmed them, directed their sexual activity, had them engage sexually with each other and himself, and sometimes threatened them with violence.
The content of the other child pornography that Mr. K was not featured in contained images of children and toddlers. The trial judge noted that “his purchase of the videos represents a trans-action fuelling the child pornography industry, which I have noted is dependent on horrendous child abuse as its subject matter.”[1]
Mr. K appealed his sentence, but it was dismissed. The court of appeal found that the sentencing judge had properly noted Mr. K’s guilty plea and the particular vulnerability of the children Mr. K had exploited when purchasing them for sex while overseas. The sentence was proportionate and fair. His restrictions from being near people under the age of 16 or communicating with them via a computer were upheld.
Also see: 2008 BCSC 1762.
[1] Trial decision at para 71.
Criminal Offence(s): Child Pornography Offences, Sexual Interference