JustResearch Edition no. 13
Table 3: Most Serious Sentence in Cases of Child Sexual Exploitation (2002/2003)
Child Sexual Abuse
| |
Custody |
Conditional Sentence |
Probation |
Other |
| N (row%) |
% Ind |
N (row%) |
% Ind |
N (row%) |
% Ind |
N (row%) |
% Ind |
| Sexual interference - s. 151 |
330 (49.7%) |
73% |
137 (20.6%) |
68% |
184 (27.7%) |
49% |
13 ( 2.0%) |
46% |
| Invitation to sexual touching – s. 152 |
65 (57.5%) |
63% |
15 (13.3%) |
67% |
33 (29.2%) |
31% |
0 ( 0.0%) |
0% |
| Sexual exploitation - s.153 |
50 (45.9%) |
68% |
27 (24.8%) |
44% |
30 (27.5%) |
43% |
2 ( 1.8%) |
50% |
| Incest - s.155 |
14 (87.5%) |
- |
1 ( 6.3%) |
- |
1 ( 6.3%) |
- |
0 ( 0.0%) |
- |
| Anal intercourse – s.159 |
2 (66.7%) |
50% |
0 ( 0.0%) |
0% |
1 (33.3%) |
100% |
0 ( 0.0%) |
0% |
| Bestiality with person under 14 - s.160(3) |
0 ( 0.0%) |
0% |
0 ( 0.0%) |
0% |
0 ( 0.0%) |
0% |
0 ( 0.0%) |
0% |
| Exposure to person under 14 – s.173(2) |
6 (19.4%) |
- |
3 ( 9.7%) |
- |
21 (67.7%) |
- |
1 ( 3.2%) |
- |
| Permitting sexual activity under 18 - s.171 |
0 ( 0.0%) |
- |
0 ( 0.0%) |
- |
0 ( 0.0%) |
- |
1 (100.0%) |
- |
Child Prostitution
| |
Custody |
Conditional Sentence |
Probation |
Other |
| N (row%) |
% Ind |
N (row%) |
% Ind |
N (row%) |
% Ind |
N (row%) |
% Ind |
| Living off the avails - s.212(2) & (2.1) |
1 (50.0%) |
- |
0 (0.0%) |
- |
1 ( 50.0%) |
- |
0 (0.0%) |
- |
| Communicates for the purpose - s.212(4) |
6 (42.9%) |
- |
0 (0.0%) |
- |
8 ( 57.1%) |
- |
0 (0.0%) |
- |
| Parent procuring sexual activity - s.170 |
0 ( 0.0%) |
- |
0 (0.0%) |
- |
0 (0.0%) |
- |
0 (0.0%) |
- |
Child Pornography
| |
Custody |
Conditional Sentence |
Probation |
Other |
| N (row%) |
% Ind |
N (row%) |
% Ind |
N (row%) |
% Ind |
N (row%) |
% Ind |
| Production/possess for purposes - s.163.1(2) |
2 (25.0%) |
100% |
1 (12.5%) |
100% |
3 (37.5%) |
100% |
2 (25.0%) |
0% |
| Distribution/transmission - s.163.1(3) |
3 (21.4%) |
100% |
6 (42.9%) |
100% |
5 (35.7%) |
0% |
0 ( 0.0%) |
0% |
| Possession/accessing - s.163.1(4) & (4.1) |
35 (31.3%) |
61% |
42 (37.5%) |
79% |
30 (26.8%) |
47% |
5 ( 4.5%) |
0% |
| Total |
514 (47.2%) |
72% |
234 (21.5%) |
68% |
317 (29.1%) |
44% |
23 (2.2%) |
33% |
- Since accessing child pornography (s. 163.1(4.1)) came into force July 23, 2002, it is unlikely that any of the possession/accessing cases were accessing only.
- The 'Other' category includes all other sentences such as fines, conditional discharges, restitution, or suspended sentences.
- The row total does not always add up to the total number of convictions from Table 2, as some sentences were unknown.
- Percentage indictable (% Ind) is provided only for hybrid offences and is an estimate since the Crown election was unknown in a small number of cases.
- Percentages do not always total 100% due to rounding error.
- Source: Adult Criminal Court Survey, Canadian Centre for Justice Statistics, Statistics Canada.
