Two recent court decisions from Canada highlight just how different that country is from U.S. jurisprudence when it comes to sex offenses. Whereas U.S. courts routinely sentence those convicted of sex offenses involving minors to decades in prison, Canadian courts have shown themselves far more willing to consider nuance and the circumstances of the defendant. In one ruling, the Court of Appeal in Quebec ruled that mandatory minimum sentences for sharing child pornography were “cruel and unusual” and thus unconstitutional; the Supreme Court had ruled the same way with regard to mere possession last year. The present case concerned a defendant who himself had the mental age of a child. However, the Supreme Court overturned a similar decision from Quebec when it comes to mandatory minimums for soliciting or obtaining sexual services from a minor in exchange for money, thereby upholding the six-month minimum punishment (ten years maximum). The case in question here concerned a 61-year old man who was entrapped by an online police decoy posing as a 16-year old escort. Although police entrapment is generally unlawful in Canada, it remains acceptable in this type of case. 16 is the age of consent nationally in Canada, but many are unaware that a different age pertains to the legality of sex work.
Court Decisions in Canada Affect Sex Crimes
