Canadian Internet Predators Beware!
This is great news from our friends up north. I thought it fitting for posting today. The regular WIPW post is forthcoming – stay tuned!
December 4, 2009
Supreme Court Of Canada Makes Landmark Decision About Sexual Predators Luring Children
AHN StaffOttawa, Ontario (AHN) – The Supreme Court of Canada made it difficult for Internet predators to lure minors into sex with a landmark decision it issued on Thursday. By the court’s overturning the acquittal by a trial court of Craig Bartholomew Legare and mandating a new trial, it sent the message that preparing a minor before an actual sex crime takes place is considered a criminal offense.
Legare, an Alberta resident, had two online chats with a 12-year old girl in 2003. He claimed he was 17, although he was actually 32 then. Their chats in private chatrooms – which were recorded – spoke of engaging in sexual activities. The Internet chats led to phone calls, which were also lewd in nature.
When the girl’s sister learned about the 12-year old’s online activities, she reported it to her father, who notified the police. It led to the arrest of Legare in 2005, who was charged with counts of invitation to sexual touching and luring a child.
During his trial, Legare argued that he did not attempt to meet the girl. The trial court acquitted him of both charges, but the Crown filed an appeal on the luring charge.
In a 7-0 decision, the Supreme Court said Legare did not need to meet his victim for him to be convicted of the luring charge. Justice Morris Fish, who authored the decision, wrote, “Sexually explicit language is not an essential element of the offences created by section 172.1 (of the Criminal Code). Its focus is on the intention of the accused at the time of the communication by computer. Sexually explicit comments may suffice to establish the criminal purpose of the accused. But those who use their computers to lure children for sexual purposes often groom them online by first gaining their trust through conversations about their home life, their personal interests or other innocuous topics.”
