Child luring is a serious matter under Canadian law, and a conviction can have far-reaching and long-lasting consequences on nearly every facet of your life. Your reputation could be ruined, you may be fired or have a difficult time finding employment and your family may also face public humiliation. Fortunately, in many cases, the assistance of an experienced lawyer can mitigate the consequences you are facing and may even result in the dismissal of your case in its entirety.
What are the Best Defences to Child Luring?
The best defense for charges of child luring depends on the specific circumstances of your case. It is highly advisable to hire a lawyer to determine which defenses have the best chances of success. Some potentially viable defense strategies are detailed below.
You Did Not Know the Complainant Was Underage
The Crown Prosecutor must show that you did not take reasonable steps to ascertain the real age of the complainant; otherwise, you will not be convicted. It is not uncommon for younger people to lie about their age online. Determining someone’s age can be difficult in person and even more so when communication is done online instead.
If your criminal defense lawyer in Alberta can prove that you reasonably took steps to determine the alleged victim’s age, and you believed that the complainant was of age, it may be an effective defense. However, if you intentionally decided not to learn the age of the complainant, this defense will not work for you. The court could determine that you were willfully blind to the real age of the complainant and did nothing more than rely on your own observation and clues.
Entrapment
If you were charged with child luring that arose out of a law enforcement operation with a police officer assuming the position of a younger person online, the defense of entrapment may be available to you. When the police aid or persuade you to participate in a crime that you would not have otherwise participated in, it is called entrapment.
For this defense method to be successful, your Alberta criminal defense lawyer will need to establish one of the following points:
- Law enforcement officers had no reasonable suspicion that you were already engaging in child luring, and they gave you the opportunity to engage in it anyway.
- Although law enforcement officers had a suspicion that you were already engaging in child luring, they took extra measures beyond giving you an opportunity to commit a crime. They induced you to commit child luring.
The entrapment defense can be extremely challenging to prove, so if you believe it may apply in your case, you should call a lawyer immediately.
If Convicted of Child Luring, What Penalties Will You Face?
Without a strong defense, you could face the maximum penalties if convicted and lose other freedoms as well. Under Canadian law, for prosecution by indictment, you will face at least one year in prison but not more than 14. If your offence is instead prosecuted as a summary conviction, you could be imprisoned for a minimum of six months and a maximum of two years less one day. You may also be ordered to submit to a DNA swab for the national registry or to register as a sex offender. In some cases, you may be ordered to forfeit your computer equipment.
Can an Alberta Criminal Defense Lawyer Help?
Crimes surrounding sexual offences with children are highly stigmatized in society. Even if not convicted of your charges, your life may be turned upside down. Your reputation could be ruined forever, resulting in significant personal and professional consequences. If you are convicted, you will have your crime on your criminal record, will have to register as a sex offender, and you may face several months or years in jail. You could even be ordered to stay away from places where children frequent, such as playgrounds or schools. Considering the risks, you need all the help you can get to fight these charges and protect your good name.
Just as you would not perform a complicated surgery on yourself or a loved one, you should not attempt to represent yourself against child luring charges. Those that do not have experience in the legal system can quickly become overwhelmed and lose their case by not using the right defences. When you hire an experienced criminal defense lawyer in Alberta, your lawyer will assess all of the circumstances in your charges to select the best defense strategy. Your lawyer will inform you of your rights and suggest how your case should be handled.
Contact a Calgary Criminal Defence Lawyer Today
If you are facing allegations of child luring or believe you may be under investigation, it is in your best interest to retain a lawyer immediately. An experienced lawyer can review the facts of your case, determine whether any defences apply, and protect your rights during the investigative process. Failing to retain a lawyer could result in a completely avoidable conviction or a much harsher sentence than necessary. Call our office or contact us online today to request a free consultation with defence lawyer Cory Wilson.
