The Sexual Exploitation Of Youth

1500 Words6 Pages
INTRODUCTION In an era where internet and social media dominate, there must be a consideration of legal issues concerning privacy rights. But where is the line drawn when it may be associated with the sexual exploitation of youth? R. v. Barabash, 2015 SCC 29 [Barabash] is a circumstantial case that centres on concerns of privacy rights involving private use, child pornography, as well as regarding the establishments of exploitation and consent. Barabash involved two fourteen year old girls who were runaways, dependant on drugs and involved in prostitution. According to Statistics Canada (2008) at the time of this case, youth aged 12 to 14 were twice as likely to experience sexual violence then that of young adults, this statistic was even higher if the victim is female (Sexual Assault, para. 4). While they were staying with two significantly older men they were involved in sexual activity that was videotaped and photographed. Under s.163.1(2) of the Criminal Code the men were charged for making child pornography as well as the older man was charged with possession of child pornography under s. 163.1(4). While the trial judge found all elements of the offences were established, the accused raised in defence the private use exception outlined in R. v. Sharpe, 2001 SCC 2 [Sharpe], which the judge failed to disprove beyond a reasonable doubt. Through theoretical and legal frameworks this paper will analyze the defence of private use through objective analysis with reference to
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