Montreal sexual offences criminal defence attorney Randi Zaritsky
Have you or your child been accused of a sexual offence? Call 514-944-1737 for criminal defence attorney Randi Zaritsky.
Legal Framework regarding Technology and Canadian Sex Offenses
Quebec defence lawyer Randi Zaritsky talks about Sexual Offences
A proper legal defence for someone accused of an online sexual offence requires a keen sensitivity and understanding of Quebec’s legal framework regarding technology and Canadian sex offenses.
Me Randi Zaritsky
Canadian laws regarding sexual offenses are outlined in the Criminal Code, which include various offenses like sexual assault, child pornography, and trafficking of persons.
Recent amendments to the Criminal Code have attempted to respond to the challenges posed by technology. In some cases, particularly involving minors, sexting can lead to legal consequences such as charges related to child pornography, as Canadian laws classify sexually explicit images of individuals under 18 in this way.
Minors accused of Sexual Offences in Quebec
Minors and in particular individuals with Autism Spectrum Disorders (minor or adult) might be unaware of the often-permanent nature of images shared on the internet and consequently put themselves at higher risk of social and legal consequences (sexploitation, sextortion, cyber-bullying, etc.).
Moreover, the difficulties of some individuals with ASD to understand societal norms or to express themselves can sometimes lead to situations where their repetitive and often obsessive behavior may be misinterpreted and contribute to an increased risk in engaging in pornography-related offenses.
The convergence of technology and Canadian criminal sex offenses involves several significant aspects, including how technology is used in the commission of crimes, methods of prevention, and the legal frameworks in place to address such offenses.
Bill C-75 An Act to amend the Criminal Code
On March 29, 2018, the Government introduced Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts becoming law on June 21, 2019.
This law amended certain sections of the Criminal Code to address delays in the justice system, including cases of sexual offenses, making it easier to prosecute offenders using technology for exploitation and to address intimate partner violence.
Here are some key points to consider:
Online Exploitation and Cybercrime
Child Exploitation
The rise of the internet has led to increased cases of online child exploitation, including child pornography and the grooming of minors.
Sextortion
This involves coercing someone into providing sexual images or acts under the threat of sharing intimate content without consent.
Sexting
A practice defined by the exchange of explicit sexually suggestive text messages or images. It can occur in various contexts, including romantic relationships, casual encounters, or even as a form of peer pressure among teenagers and young adults.
Cyberbullying
Instances of sexting can lead to harassment or bullying, especially if explicit content is used to target or embarrass individuals.
The Criminal code defines a minor as a “young person” between the ages of 12 and 17. A young person of 18 or more is legally considered an adult.
Section 163.1 of the Criminal Code of Canada makes it a crime for anyone to make, print, publish, distribute, circulate or possess for the purpose of publication child pornography.
Child pornography is defined as any photographic, film, video, or other visual representation, whether or not it was made by electronic or mechanical means depicting a person under the age of 18 engaged in a sexually explicit activity or alternatively, depicts for a sexual purpose the sexual organs of someone under the age of 18.
This definition is expansive enough to encapsulate a wide variety of audio-visual expression and forms of communications such as hand writings (including text messages), drawings, paintings, videos and even anatomically accurate sex toys.
Consequently, a young person who sends sexually intimate photographs or videos could place themselves and the recipient at risk of criminal prosecution.
In view of the Supreme Court of Canada decision in R v. Sharpe (2001) SCC 2, there remain open questions regarding the impact on a young persons’ freedom of expression to possess this type of material.
The Court established a narrow exception regarding the making and possession of sexually explicit material by minors. This private use exception requires a determination that the sexual activity depicted in the recordings is lawful, that the recording of the sexual activity was consensual and that the recordings are held exclusively for private use. Implicitly, it also requires an examination to determine that there be no exploitation or abuse involved in the creation of the recording that might impact the lawfulness of the consent.
Autism and Criminal Behavior
Autism Spectrum Disorder (ASD) is a developmental condition that affects social interaction, communication, imagination and behavior. However, individuals with autism are diverse and their behaviors and experiences vary widely to the degree of the person affected.
Research indicates that individuals with autism do not as a group present a higher risk of committing sexual-based offenses compared to the general population, however, their behavior can be misinterpreted due to difficulties in understanding social norms or appropriate forms of expression and sexuality.
Moreover, the difficulties of individuals with ASD to understand social norms can sometimes lead to situations where their repetitive and often obsessive behavior can be misinterpreted and may contribute to an increased risk in engaging in pornography-related offenses.
Sexual offenses in Canada, a growing area of concern
The relationship between technology and sexual offenses in Canada is a growing area of concern that encompasses law enforcement, legal frameworks, victim support, and preventive education. As technology evolves, so too do the challenges and responses in relation to sexual crimes.
It is therefore crucial for individuals charged with a Canadian criminal sex offense to have legal representation.
Have you been a victim of a sexual crime? Here are a few links to support organizations that can help you.
Links to Victim support sites:
https://www.inspq.qc.ca/en/sexual-assault/resources
Sexual Violence Helpline: 1 888 933‑9007
https://sosviolenceconjugale.ca/en
Helpline: 1 800 363-9010 – Available 24/7