KITCHENER CHILD PORNOGRAPHY LAWYER
In Canada, more than half of police-reported sexual offences involve a victim under the age of eighteen. Specifically in 2012, there were around 14,000 youth in Canada who were victims of a sexual offence. Each year, numerous individuals in Kitchener are charged with child pornography related offences. In February 2019, A 30-year-old Kitchener man faced child pornography charges after being arrested by Waterloo Regional Police. The individual was charged with possession and distribution of child pornography. In March 2019, a separate man living in Kitchener was charged with 70 child pornography offences following an investigation conducted by several police services in southwestern Ontario.
The Kitchener courthouse is located at 85 Frederick Street in Kitchener, Ontario. The Kitchener courthouse is called the Waterloo Region Courthouse. The Ontario Court of Justice and the Superior Court of Justice in Kitchener can be reached at 519-741-3200 ext. 3300. If you are looking for information about your upcoming court appearance in Kitchener, click here.
The Firm has defended a number of High Profile Child Pornography allegations where Microsoft and Goolge have sent cyber tips to the National Child Exploitation Coordination Centre (NCECC) located in the United States, which have ultimately been used as a basis for Production Orders from Rogers Communication and Bell by Toronto, Halton and Peel Police. In the Firm’s R. v. J.A. , Ontario Police ICE Unit received a Cyber Tip from the National Child Exploitation Coordination Centre (NCECC) and the FBI, who received a complaint from the National Centre for Missing and Exploited Children (NCMEC), located in the United States. Ultimately the Firm secured a withdrawal of both Possession and Distribution of Child Pornography in Guelph. The Firm also defends a number of offenders caught on the Darknet, including where offenders attempt to use anonymous file sharing software, private networks or Tor Browser to avoid detection, such as its R. v. J.T. .
For more information on child pornography offences, click here. Our firm also conducts in-house child pornography forensics in Toronto to assist with your relevant defences. For information on our forensics practice, click here.
Frequently Asked Questions
What is it Difficult to Convict someone of Child Pornography?
What Aggravating Factors may be Considered in Child Pornography Cases?
What Mitigating Factors may be Considered in Child Pornography Cases?
Importance of seeking the help of a Lawyer in Kitchener Child Pornography Stings.
Why is it Difficult to Solve Child Pornography Cases?
Child pornography cases in Kitchener are often difficult to solve due to the constant evolution of internet technologies. Most cases begin with the relevant police service obtaining a search warrant to seize any equipment that could contain child pornography materials. This equipment may include DVR systems, MP3 players, DVD players, computers, tablet computers, smartphones, cameras, hard drives, discs, flash drives, and any other technologies or equipment that can be used to view, play, or store child pornographic content. Searching through these materials and further proving that a file is, in fact, child pornography can be time consuming, often taking up to 200 hours for the Kitchener police to investigate. The large majority of time spent on a child pornography case often consists of reviewing the evidence, which could contain thousands of videos and images. The constant evolution of internet technologies may additionally make it time consuming to both detect and prove an allegation in court.
What Aggravating Factors may be Considered in a Child Pornography Charge?
An aggravating factor is any circumstance or fact that can lead to an increase in the severity or culpability of a criminal act. There are numerous aggravating factors that may be taken into consideration in a child pornography charge in Kitchener. The first factor is when the child pornography materials were distributed or shown to a person under eighteen years. As well, the Kitchener Crown will consider the volume of images or videos collected, with a greater number leading to an increased sentence. Whether the files were posted to public areas of the internet or distributed in a way they could be accidentally found by individuals not searching for such materials will also be considered. An additional factor is how sophisticated the collection of child pornography is. The Kitchener Crown may determine this by looking at how the files were organized on the accused’s computer. This factor is looked at because it may indicate the level of personal interest in the material or trading of the material. When the accused was the individual who originally created the images, especially in instances where the offender’s victims were members of their own family or belonging to a vulnerable group, this will be an aggravating factor. As well, if the offender has abused a position of trust that they held, such as being a teacher, social worker, or friend of the family, this will also be taken into account as an aggravating factor. The Kitchener Crown will also consider the age of the children being depicted, with depiction of younger children leading to a greater aggravating factor. The manner in which the illegal files were obtained, signs of distribution or production, and the types of sexual acts depicted are additional factors that may be considered. Finally, the Kitchener Crown may look to an accused’s criminal record for related criminal conduct and look for evidence that the offender has a diagnosis of paedophilia or pedophilic tendencies.
What Mitigating Factors may be Considered in a Child Pornography Charge?
A mitigating factor is evidence or information that may be presented to the court that could result in a reduced charge or a lesser sentence for the accused. Mitigating factors that may be considered in Kitchener include: a young offender, the extent to which the accused has demonstrated genuine remorse, the presence of a guilty plea, whether the accused is willing to undergo counselling or treatment or has already done so, otherwise good character of the accused, and the extent that the accused has already suffered for their child pornography offence.
Why is it Important to Seek Counsel in Kitchener Child Pornography Charges?
There are a number of defences available for individuals accused of child pornography in Kitchener. However, child pornography charges are a very serious offence that should not be taken lightly. Therefore, it is important to have a knowledgeable team able to understand and apply the defences that may be available to you. A person convicted of a child pornography charge may have to register as a sex offender, which is a label that will follow the individual for the rest of their life. We are able to ensure that the police used investigative techniques that were done with prior judicial authorization. As well, our firm frequently partners with forensic computer analysts to best represent our Kitchener clients. Our firm seeks to ensure that you receive the most favourable outcome and that your rights are protected.