Der Oberste Gerichtshof führt die Mindeststrafe für die Inanspruchnahme sexueller Dienstleistungen durch Minderjährige wieder ein
https://www.cbc.ca/news/politics/supreme-court-mandatory-minimum-prostitution-minor-9.7265835
Der Oberste Gerichtshof führt die Mindeststrafe für die Inanspruchnahme sexueller Dienstleistungen durch Minderjährige wieder ein
https://www.cbc.ca/news/politics/supreme-court-mandatory-minimum-prostitution-minor-9.7265835
12 Kommentare
The Supreme Court of Canada has reinstated the mandatory minimum sentence for offenders who obtain or solicit sexual services from a minor in exchange for money.
In doing so, the country’s highest court overturns a May 2024 decision by the Quebec Court of Appeal in which it ruled that the mandatory minimum sentence for this offence was unconstitutional.
The case dates back to 2018, when defendant Mario Denis was found guilty of soliciting sexual services and sentenced to the minimum term of six months.
Denis, now 61, responded to fake advertisements for escort services posted by police officers and was told the escort in question was 16 years old.
The defendant appealed the verdict and challenged the constitutionality of the minimum sentence. The Court of Appeal agreed that the minimum sentence was unconstitutional, but upheld the sentence in Denis’s case.
The Supreme Court ruled in a 7-2 split decision Friday that the six-month minimum sentence did not constitute cruel and unusual punishment under the Canadian Charter of Rights and Freedoms.
This being split decision tells me all I need to know about the ideological insanity going on in our judicial systems
How subjective is „cruel and unusual punishment“?
You don’t “obtain sexual services from a minor”. That’s called rape
Rape in every case
Our legal system is a joke. How was this not a unanimous vote? And how was it possible that you could literally rape a child and not held accountable at all?
You mean they actually worked for victims of crime for a change? Must be some mistake.
Interesting that the supreme court backs a mandatory minimum now. For a long time the attitude of the court was that all mandatory minimums are unconstitutional. Seems we’re finally getting some common sense back with this ruling + the court supporting the NB government’s ruling on the Wolastoqey land claim.
How long until the Hyper Court overturns this?
The problem with this ruling is the court removed the “feelings for” from the hypothetical question. So now every defence lawyer will ask if the accused had feelings for the person they were soliciting to argue that this precedent should not apply.
Either way, while the criminal is obviously doing something pretty bad, it does seem problematic to use the age of consent (16) in sting operations like this.
The comments in this thread proves the average Canadian won’t be able to pass our own citizenship civics test LOL
Nobody knows the role of the Supreme Court or the constitutional distribution of powers, let alone what it means for a court to strike down a law for unconstitutionality, etc.