SevenSeasJim Posted May 31, 2006 Report Share Posted May 31, 2006 Pedophile's sentence too harsh, judge rulesLast Updated Wed, 31 May 2006 11:22:28 EDTCBC NewsA 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. Link to comment Share on other sites More sharing options...
edger Posted May 31, 2006 Report Share Posted May 31, 2006 Oh good god.How the FUCK can rape be considered non-violent?? Link to comment Share on other sites More sharing options...
afro poppa Posted May 31, 2006 Report Share Posted May 31, 2006 24 months old!? wow...some people Link to comment Share on other sites More sharing options...
ollie Posted May 31, 2006 Report Share Posted May 31, 2006 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. Link to comment Share on other sites More sharing options...
StoneMtn Posted May 31, 2006 Report Share Posted May 31, 2006 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... Link to comment Share on other sites More sharing options...
jayr Posted May 31, 2006 Report Share Posted May 31, 2006 He should be tied to a pole and pelted with stones by the local towns people until he is a bloody heap of mush and thats still not harsh enough in my opinion. Link to comment Share on other sites More sharing options...
Hux Posted May 31, 2006 Report Share Posted May 31, 2006 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. Link to comment Share on other sites More sharing options...
StoneMtn Posted May 31, 2006 Report Share Posted May 31, 2006 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? Link to comment Share on other sites More sharing options...
SevenSeasJim Posted May 31, 2006 Author Report Share Posted May 31, 2006 (edited) Hey StoneMtn in our legal system what is the difference between raping a child and molesting a child? Edited May 31, 2006 by Guest Link to comment Share on other sites More sharing options...
StoneMtn Posted May 31, 2006 Report Share Posted May 31, 2006 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".... Link to comment Share on other sites More sharing options...
bradm Posted May 31, 2006 Report Share Posted May 31, 2006 What StoneMtn says is correct, even though the term "rape" is used parenthetically inhttp://laws.justice.gc.ca/en/C-46/267262.htmlAloha,Brad Link to comment Share on other sites More sharing options...
SevenSeasJim Posted May 31, 2006 Author Report Share Posted May 31, 2006 I wonder why CBC used the term 'rape' in this article when dealing with Quebec? Link to comment Share on other sites More sharing options...
StoneMtn Posted May 31, 2006 Report Share Posted May 31, 2006 I also wonder why the media seems to report every story that I ever have personal knowledge about, slightly incorrectly... Link to comment Share on other sites More sharing options...
SevenSeasJim Posted May 31, 2006 Author Report Share Posted May 31, 2006 haha Link to comment Share on other sites More sharing options...
bradm Posted May 31, 2006 Report Share Posted May 31, 2006 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 Link to comment Share on other sites More sharing options...
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