2016 ABCA 75

In 2016 ABCA 75, Mr. V pleaded guilty to sexual exploitation, production of child pornography, and child luring. He was sentenced to three and a half years in jail.

Mr. V was 34 and married when he began a sexual relationship with a 15-year-old girl, Ms. P, who was a player on the basketball team he coached. He described himself as a life coach and mentor to her. He initiated the relationship by using her contact information from the basketball team records. What began as sexual communications progressed to regular and repeated sexual touching, and Mr. V and Ms. P had sexual intercourse shortly after her 16th birthday. Regular sexual incidents occurred until Ms. P ended their relationship when she was 18 years old. Mr. V isolated her from her friends and family, made her break up with her boyfriend, and guilted her into staying in the relationship.

Mr. V sent her daily, highly sexualized emails and text messages throughout their relationship and bought her a cellphone when she lost hers. At his request, she or he would take sexual images of her and once he made a video of them having sex. Mr. V’s wife found one of these photos and he pushed Ms. P to lie to his wife to cover it up.

The Crown appealed Mr. V’s sentence of 3.5 years imprisonment.

The appeal court stated that:

Misuses of the Internet allow predators … virtual access into the homes and minds of vulnerable adolescents in a manner which precludes intervention and protection by parents or others. He used email and text messaging as a private means of communication with the goal of isolating and manipulating the complainant. This harmed her over and above the harm caused by the resulting sexual contact. [1]

The appeal was granted and the sentence was changed from 3.5 years in jail to 5.5 years in jail.

[1] 2016 ABCA 75 at para 23.

Criminal Offence(s): Sexual Exploitation, Child Pornography, Luring a Child