SELECTED CASE LAW
In 2012 SKCA 18, Mr. S had been convicted of child luring and invitation for sexual touching but had been acquitted of sexual exploitation and distribution of child pornography. The Crown appealed these acquittals and a new trial was ordered for the child distribution charge given the narrow interpretation of the language of the offence in reference to the “depicted” age of person in the photo.
Mr. S communicated with an undercover officer presenting as a 14-year-old girl on NetLog, to whom he sent ten pornographic photos. These photos including a girl masturbating, being penetrated, and picture of a penis and a picture of ejaculation on her body. He claimed it was his step-daughter when she was 16 years old and that they had began having sex when she was 14 years old. He encouraged the undercover officer to masturbate to the photos along with him. This launched an investigation into his relationship with his stepdaughter.
To the police, Mr. S claimed he was in love with his step-daughter and they started sexual relations when she was 17.5 years-old. The step-daughter claimed it started when she was 18, that she seduced him, and that the photos were taken consensually although she did not know they were being forwarded. She testified for the defense.
Criminal Offence(s): Sexual Exploitation