SELECTED CASE LAW
ONTARIO:
In 2017 ONCJ 733, Mr. M pleaded guilty to making child pornography, making child pornography available, possessing child pornography, and to the sexual assault and sexual exploitation of his step-daughter, Ms. K.
Mr. M lived with his wife of 14 years, his step-daughter, and their 9-year-old biological daughter prior to the arrest. He and his wife were in an open relationship. He groomed his step-daughter for sexual interactions from 13 to 17 years old. They would both walk around in their underwear, he and her mother gave her a dildo at 14, he would give her massages on her bed, he admitted he was sexually attracted to her as early as 13, and talked with her about her sexual relations.
During these massages, of which there were about 60, he would secretly take photos of her, as well as touch her sexually and touch his penis to her if she would fall asleep. He belonged to a child pornography chat room, where he would download child pornography photos and videos centred around step-daughter abuse and would also upload the photos of his step-daughter, in which you could see her face.
The court focused on two aggravating factors: (1) the downloaded child pornography included girls performing fellatio as young as 2 years old, and (2) by uploading the photos of Ms. K, Mr. M was “perpetuating the sexual degradation of [Ms. K] in perpetuity. Once these images are on the internet, they are very difficult, if not impossible, to eliminate … this is the grossest breach of trust that a parent can inflict on a child.”[1]
He was sentenced to 4.5 years’ incarceration.
[1] 2017 ONCJ 733 para 17.
Criminal Offence(s): Sexual Exploitation, Sexual Assault