SELECTED CASE LAW
MANITOBA:
In 2017 MBCA 78, Mr. A, a 42-year-old man, was convicted of sexual assault, living on the avails of prostitution, attempting to live on the avails of prostitution, living on the avails of prostitution of an underage person, making child pornography, and invitation to sexual touching of a child.
Mr. A started an escort business in 2011 and placed ads for sexual services online. He found young women and underage girls to perform sexual services for his clients in exchange for money. He would arrange for the girls and young women to meet with his clients and would drive the them to the clients. Mr. A would typically keep half of the money the women were paid. In 2012, a police sting led to his arrest when Mr. A offered to sell the sexual services of an underage girl to an undercover police officer.
There were seven complainants in total, including Ms. A, an 18-year-old woman, who believed Mr. A drugged her and filmed her performing sexual acts on Mr. A. Mr. A left her $100 and his business card. Mr. A was convicted of sexually assaulting Ms. A.
Ms. DA was an 18-year-old woman who Mr. A found while selling sexual services. Mr. A convinced her to sell sexual services for him and kept the majority of the money she was paid. He filmed her in sexually compromising positions and posted the video online. Mr. A was convicted of living on the avails of prostitution.
Ms. D, a 14-year-old girl, was in the care of Child and Family services. Mr. A had sex with Ms. D while someone else filmed it. Mr. A was convicted of living on the avails of prostitution of an underage person, sexual assault, and making child pornography.
Ms. MS, a 16-year-old girl in the care of Child and Family Services, provided sexual services for money for Mr. A. Mr. A also filmed her performing sexual acts on him in front of Ms. B. Mr. A was convicted of living on the avails of prostitution of an underage person and making child pornography.Ms. JM was a 16-year-old girl in the care of Child and Family Services. Mr. A had her perform sexual services for money which Mr. A kept. Mr. A was convicted of living on the avails of prostitution of an underage person.
Ms. B was a 14-year-old girl who Mr. A photographed in sexual positions and had sexual inter-course with, which she said was non-consensual. He tried to sell Mrs. B for sexual services. She was offered money for sexual services but the client declined to sexually engage with her, pay-ing Mr. A either way. Mr. A was convicted of attempting to live on the avails of prostitution of an underage person, sexual assault, and making child pornography.
Ms. S was a 14-year-old drug user who helped Ms. MS “finish” a client on one occasion and was paid to strip at a bachelor party on another occasion. Mr. A was convicted of living on the avails of prostitution of an underage person and invitation to sexual touching.
A police search of Mr. A’s home led to videos of him having sex with several of the complain-ants and the discovery of over $15,000 in cash.
The courts found no link between the deaths by suicide of Ms. JM and Ms. D prior to the trial, and their interactions with Mr. A, but both were unable to testify at trial due to their deaths.
Mr. A was given a cumulative sentence of 15 years’ imprisonment for living and attempting to live on the avails of prostitution, making child pornography, sexual assault, invitation to sexual touching, and possessions of the proceeds of crime over $5,000. Additional orders included a lifetime registration as a sex offender, a DNA order, a 10-year weapons prohibition, not to con-tact the victims or certain witnesses, and a 15-year limitation on being near people under the age of 16.
He appealed his convictions from living and attempting to live on the avails of prostitution, and applied to appeal his sentence. Both appeals were dismissed.
Mr. A argued that following the decision in 2013 SCC 72, which struck down the living on the avails of prostitution of adults’ provision for non-parasitic persons, he should not be convicted of living on the avails of prostitution. His trial was taking place at a time after 2013 SCC 72 was decided but prior to Parliament enacting new laws on living on the avails of prostitution. How-ever, the court held that 2013 SCC 72 did not apply to cases related to minors, only adults and did not apply to his convictions involving underage girls. In regards to the one charge of living on the avails of prostitution involving an adult, Mr. A’s conviction still stood as both the old and the new legislation included Mr. A’s parasitic actions, regardless of the suspension of the living on the avails of prostitution during Mr. A’s proceedings.
The sentence was also considered fit when taking into account the number and seriousness of the offences.
Also see: 2016 MBQB 109 (Sentencing).
Criminal Offence(s): Sexual Assault