SELECTED CASE LAW
In 2017 ONSC 207, Mr. C was charged on 19 counts sexual offences against minors. Mr. C was 23 years old at the time of the offences, the coach of a high school basketball team and helped run a summer basketball program. Under the guise of “locker room talk”, Mr. C solicited sexual photos from boys in these programs to “prove” they did not have small penises, enticing them with financial wagers. Although only three victims were formally presented by the Crown, 10 similar fact witnesses were also presented, who, although over 18 at the time, recounted similar exchanges with the accused.
Mr. C admitted to the behaviors of the charge but denied that it was for sexual purposes. However, records show he solicited sexual content over text message or social media. Throughout 2012, he asked for and received photos or videos from MB, 17 years old, AP, 16 years old, and MM, 17 years old. The photos showed their genitalia, being flaccid, erect, or masturbating.
The defense of “private use” from Sharp failed because the sexual conduct was unlawful, being sexually exploitative. Any consent given was vitiated by his relationship to them.
He was found guilty on two counts of luring a child, one count of making child pornography, one count of possessing child pornography, one count of accessing child pornography, and one count of sexual exploitation. He was acquitted on four other counts of child luring, one count of making child pornography, and one count of sexual exploitation, and one count of child pornography was stayed due to the Kienapple principle.
Mr. C’s s. 11(d) Charter application failed but his s. 12 Charter application was granted in part, finding the mandatory minimum sentence of 1 year for child luring and sexual exploitation unconstitutional.
Also see: 2017 ONSC 4246 (Charter Challenge); 2016 ONSC 6923 (Charter Challenge).
Criminal Offence(s): Sexual Exploitation