SELECTED CASE LAW
QUEBEC:
In 2012 QCCA 526¸Mr. E appealed his conviction of child luring, sexual interference, invitation to sexual touching, and sexual assault.
Mr. E created a profile on a chat website where he was contacted by women including Ms. X, who was 12 years old. They talked regularly over MSN messenger, text, and the phone. She proposed and performed a striptease over webcam during their first conversation, however the rest of their interactions online were non-sexual. Ms. X told Mr. E she was a car decorator and charged for consultations. He agreed to meet up for a “consultation” and picked her up at her high school. She suggested they go to her home because her mom was away. It was at the home that she told him she was 12 years old. According to Mr. E, he had no idea she was a mi-nor and had come over for a professional consultation and left immediately after finding out. However, she had listed herself as 13 years old on the chat website. Also, he had seen her previously on webcam completely naked, had picked her up at a high school, had brought alcohol with him, was allegedly having a car consultation done at night and inside a home, and gave her $80 before he left.
Ms. X testified that Mr. E came over, she performed oral sex on him and they had sexual inter-course. As he was leaving the building, her mother returned and found her naked and crying in the apartment, sitting on the open sofa bed. Her mother found messages between them and the money he gave Ms. X. She phoned Mr. E and threatened him. The mother’s friend found online messages between Ms. X and Mr. E discussing whether she was pregnant while Ms. X was over at his house. Unfortunately, all of these online messages were deleted.
At trial, Mr. E was found guilty on all counts. The appeal of his conviction was allowed and a retrial ordered because the trial judge did not properly analyze the facts making up the elements of the offences and raising reasonable doubt.
Also see: 2009 QCCQ 643 (trial), 2009 QCCA 511 (leave to appeal), 2010 QCCA 711 (application for release pending appeal).
Criminal Offence(s): Sexual Assault