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Pedophile's sentence too harsh, judge rules

Last Updated Wed, 31 May 2006 11:22:28 EDT

CBC News

A Quebec judge on Tuesday reduced the sentence of a Montreal man who raped his infant daughter, saying the original ruling was too harsh.

The 32 year old was found guilty in March 2005 of sexual assault and using his daughter to possess, produce and distribute child pornography. The assaults started when his daughter was 24 months old and lasted for two years.

The man was originally sentenced to 15 years in prison.

But in its 2-1 decision earlier this week, the Quebec Court of Appeal ruled the assaults were not among the worst sexual assaults committed and the man shouldn't have received the maximum sentence.

The court reduced his sentence to nine years in prison.

"There was no violence, such as gagging, threatening or hitting the child," wrote Judge Lise Cote.

Cote cited the father of four's young age and lack of criminal record — other than the sexual assault of another child when he was 17 — in the ruling.

The prosecution's case was based on roughly 5,000 pictures and 5,000 videos found on the man's computer, some featuring very young children.

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Cote cited the father of four's young age and lack of criminal record — other than the sexual assault of another child when he was 17 — in the ruling.

How is that a lack of criminal record?

And if you think 24 months is young... don't click on this link unless you want to hate humanity.

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I actually understand what the Court is saying.

In all criminal matters, the most severe sentence is only meted out for the worst possible example of the crime. In this case, the Court gave examples of worse examples of child molestation, which include other acts of violence other than the sex act.

It is always judgments like this that get the public annoyed, but our system cannot mete out the same sentence for someone who exploited a child without also performing some other type of torture, as someone who molested a child while simultaneously torturing that child in another way. (That is just one example.)

It's harsh; I know, but I understand it.

The above said, this guy is a full scumbag, and I have no doubt that his rommates in prison will "drive" that fact home to him; repeatedly...

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Classic "drive-by headline" that does exactly as Stn. Mtn. says - inuriates the public into thinking our justice system is inadequate. Despite the fact that nation-wide crime rates have been going down for the last 8 or so years, the current gov't has been able to convince the public we need mandatory minimums and harsher sentences primarily because public sentiment on the issue is so easily influenced by such headlines.

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I agree; jayr.

The fact is, though, that if that were one of the punishments for this crime, then we would need an even harsher sentence for someone who molested a child, while doing something else horrible to the child at the same time. (That is essentially the principle behind this judgment, and the issue is thus really whether 15 years is a reasonable "maximum" sentence. I think it is reasonable to suggest that the maximum should be harsher for this particular crime, but as it stands that's just not the case.)

Does that make sense?

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In Canada, there is no longer a Criminal Code provision called "rape". (I believe there was once such a term; but long before my time.)

That term is still used in the penal provisions of the U.S., though.

In Canada, we have many different versions, inter alia:

"sexual assault"

"invitation to sexual touching by a person under 14"

"sexual interference"

"obscenity"

"indecency"

....

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I also wonder why the media seems to report every story that I ever have personal knowledge about, slightly incorrectly...

That's a personal service; we they just want to make sure there's enough in the media to keep you interested and paying attention. :)

Aloha,

Brad

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