2016 SKCA 32

In 2016 SKCA 32, Mr. M, a 19-year-old man, was convicted of sexual assault and child luring.

Mr. M began communicating with a 13-year-old girl on a website called Tagged. Users of this site could browse each other’s profiles and communicate via chat or email. The two later be-gan texting. Some of the communication was sexual, often led by Mr. M. He asked that she pose nude via webcam, but the girl refused. The two would meet on occasion and drive around in Mr. M’s car or meet at various locations. On one occasion he sexually assaulted her. He was convicted of sexual assault and child luring. The court noted that the girl was particularly vulnerable due to her home circumstances.
The Crown appealed the sentence, which was increased to a three year prison sentence and a 20 year registration as a sex offender was increased to a lifetime registration. The court stated:

One cannot overstate the seriousness of luring as an offence. There is sometimes a belief that anonymity merits no consequences and, therefore, any persuasive techniques are acceptable. The manipulation of vulnerable young people through the anonymity of the Internet is a serious societal problem. Such manipulation will of-ten take place in the safety of the victim’s home and in the privacy of their own room. Here, anonymity was not a factor but manipulation was. The offence of luring must be assessed as a separate crime and the offender’s overall moral culpability for its commission must be reflected in the sentence. [1]

Also see: 2015 SKQB 221 (Sentencing); 2014 SKQB 277 (Charter rights s 11(b)).

Criminal Offence(s): Sexual Assault

[1] 2016 SKCA 32 at para 23.