R. v. R.K.T., 2023 ONSC 1826
In the Ontario Superior Court Case of R. v. R.K.T., the accused was charged with one count of surreptitiously making a visual recording of a person, one count of possession of child pornography, one count of making child pornography, and one count of distributing child pornography. These offences stem from the same incident of the accused surreptitiously recording his younger step-sister at a time when she was under 18 years of age. The recordings were then posted to various pornographic websites.
Due to the accessibility of the location, the accused was deemed to be among a small group of people who could have made these video recordings. In addition, the accused sent Facebook messages to his male cousin, sharing, and distributing links of the pornographic website. The access to the location of the video recording, the Facebook messages, the possession, as well as the distribution proved beyond a reasonable doubt that the accused had made the recordings. The accused was found guilty on all three counts.
R. v R. C, 2023 ONSC 2589
In the Ontario Superior Court of Justice case of R. v. R. C, the accused was charged with six counts. One count of sexual interference, one count of invitation to sexual touching, luring, sexual assault, making child pornography, and possession of child pornography. The majority of the case involved a complainant, subject to the accused’s sexual abuse. The accused pled not guilty.
In order to convict the accused, the Crown must prove beyond a reasonable doubt that the accused was guilty. The complainant provided evidence that there was sexual interference, invitation to touch, luring, sexual assault and making child pornography. The accused’s evidence that he never committed these acts were rejected by the Court. Child pornography was found on the accused’s two cellphone devices, and the accused was judged to knowingly and with intent, possessed child pornography. The Court found that the accused was not guilty on counts two and three, the charges of invitation to sexual touching and luring, but was found guilty of sexual interference, sexual assault, making child pornography, and possession of child pornography.
R. v J.C, 2023 ONSC 2278
In the Ontario Superior Court of Justice case of R. v. J. C, the accused was charged with two counts of sexual assault, two counts of sexual interference, one count of assault and one count of accessing child pornography. The Crown alleges that the accused sexually assaulted his two-year-old daughter while she was sleeping and assaulted his wife the same day during an argument over the sexual assault. The Crown also alleges that the accused touched his nine-year-old niece during a family vacation. The accused pled not guilty to all counts.
The Court’s decision depended largely on the credibility and reliability of the witnesses. To prove the charge for child pornography, the Crown must prove that the accused knowingly viewed child pornography or knowingly caused child pornography to be transmitted to himself. The defence that J.C. did not ever search for, download, or view child pornography was inconsistent with the forensic evidence of the devices. One of the complainants also testified and satisfied the Court beyond a reasonable doubt as to the accused’s guilt. The accused was found guilty on all counts except for the assault on his wife.