SELECTED CASE LAW

BRITISH COLUMBIA:

2008 BCSC 131

In 2000 BCSC 1506, Mr. K was convicted of 27 sexual offences against nine female minors be-tween the ages of 12 and 14.

Throughout the late 90’s, Mr. K would routinely frequent the “kiddy stroll” to lure drug-using juvenile sex workers to his home where he would sexually assault them. He created a dynamic of power and control over these girls, demeaning them, humiliating them, intoxicating them, secretly filming them and playing or distributing the videos to his friends without their consent, threatening them with weapons and violence, and sexually and physically assaulting them. He would physically keep them from leaving the house, sometimes at gun point threatening death, and prolong sexual intercourse for hours by wearing multiple condoms. He either grossly underpaid them or paid them in drugs. He wrote a bible, in which he believed himself God, that he would read to the girls. They were young, drug-dependent, and thought his wealth and status made him untouchable.

He showed no remorse or guilt during trial. Mr. K had originally challenged the constitutional validity of the offences of which he was charged, but they were held as constitutional. Mr. K’s application for release pending appeal was dismissed. A review of detention order pending appeal and application for legal assistance were also denied. Appeal from conviction was denied. Second application for leave to appeal was denied. Appeal of sentence was dismissed as it was abandoned by Mr. K.

Mr. K was sentenced to 2 years and 6 months’ incarceration, after being credited for the 2 years he was on remand.

Also see: 1999 CanLII 3087 (BCSC) (Charter challenge), 1999 CanLII 15148 (BCSC) (evidentiary admissibility), 2000 BCSC 836 (evidentiary admissibility), 2002 BCCA 75 (application for release pending appeal), 2002 BCCA 120 (appeal), 2002 BCCA 133 (application for legal assistance), 2002 SCCA 160 (application for leave to appeal), 2004 BCCA 57 (appeal), 2008 BCCA 131 (ap-peal); 2000 BCSC 1506 (sentencing).

 

Criminal Offence(s): Sexual Assault