Predators and the Internet’s lure

Bonnie Belec
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‘Their intention is to have sex with the child,’ RNC officer says

Second in a three-part series

When a police officer pretends to be a 14-year-old girl from Canada on an Internet chat room, his popularity skyrockets.

As cases of child luring on the Internet increase, authorities have to balance the rights of an accused and the protection of private property against the prosecution of offenders. Several such cases are under investigation by the Combined Forces Special Enforcement Unit—Newfoundland and Labrador (CFSEU-NL) Internet child exploitation (ICE) unit.

Undercover operations have taken on new meaning as more children are falling victim to sexual exploitation on the Internet, and with limited options open to them, law enforcement agencies continue to use the practice even though it has been questioned by the courts.

“When we get an opportunity to be proactive — most time our investigations are file driven — we don’t get a lot of time to do as much as we would like, but when we do, we are successful in catching the bad guy,” said an officer who can’t be named.

“It is very easy to go into a chat room and post as a 14-year-old female from Canada and get message after message, after message, after message,” he said, gesturing with his hands.

He said he picks one and develops an online friendship with the responder.

It doesn’t take long for the relationship to progress into a chat with sexual overtones — an offence in Canada punishable by prison time.

“It happens very fast. Some will say their age, some will say they’re younger, others will say they’re 35 and live in the U.S. You don’t know who these people are. That’s the scary part. But it happens very fast and the investigation proceeds immediately,” he said.

 

Collecting evidence

During a recent interview with the Combined Forces Special Enforcement Unit—Newfoundland and Labrador (CFSEU-NL) Internet child exploitation (ICE) unit, officers said once an offender is identified, the collection and examination of evidence begins.

Unit member RCMP Sgt. Darin MacDonald says it can take a year or two before charges are laid.

“Electronic devices are seized and turned over to another unit for processing where officers work to obtain information. It’s very labour intensive,” said MacDonald, who has been with the ICE unit since it was formed in September 2013.

There are seven officers from the RNC and RCMP who work out of different offices around the province that make up the team.

MacDonald, Staff Sgt. Joe Gullage and RNC Const. Terry Follett work out of the St. John’s office.

The unit has 21 ongoing investigations — several are at various stages of prosecution. And there have been court challenges with some of them along the way.

All three officers say they are well aware of the concerns of the court, with law enforcement techniques being questioned when it comes to undercover work as well as seizing and searching people’s private electronic devices.

“Sometimes court decisions don’t bode well in our favour,” said Follett, adding there are many limitations and challenges facing officers who fight Internet crimes.

“When it comes to these offences, they are developing. They are new and constantly shifting and the Criminal Code needs to catch up,” added MacDonald.

“The Criminal Code was written so long ago, it’s starting to add new sections now, but case law gives us our limitations, so if we get one bad decision we’re bound by it and it can influence our investigative techniques,” he said.

In 2002, the Criminal Code of Canada was amended to include new offences that would help combat the luring of individuals younger than 18 by making it “illegal to communicate with children over the Internet for the purpose of committing a sexual offence.”

 

Inevitable act

Follett said the research is clear and while the chat is the crime, that is only part of it.

“These people can only talk so much and say the things they would like to do and have done to them and exchange pictures, but at the end of the day, these people turn into hands-on offenders,” he said.

“They can only sit and talk for so long. Their intention is to have sex with the child. If that wasn’t the case, why would a 30-year-old man be talking to a 14-year-old with sexual inferences?” said Follett.

Regarding a recent Internet luring case in St. John’s, where an undercover officer was posing as a young child, the judge allowed the evidence gathered from the investigation, but he questioned the police technique.

Judge David Orr said by using the tool, the police were in contact with some people who were youths and as a result involved them in the investigation.

“There were encounters with the officer by innocent members of the public. The officer used their online presence on his Facebook page to provide credibility to his profile while at the same time they shared information with him, unaware that he was a police officer,” wrote Orr.

“It is clear that this is an undesirable and unfortunate byproduct of the technique that was used and one that should have been made subject to court supervision with previous judicial authorization prescribing the limits of what was to be done and not left solely to the discretion of the investigating officer,” the judge concluded.

While the ICE team couldn’t comment directly on this case or the ones before the court, the officers agree law enforcement agencies have limitations and must find ways to work within the law without infringing upon the rights of an accused.

One of the most prominent Internet luring cases before the court involves Kevin Kelly, a former senior editor with The Herald magazine.

Kelly, 41, is alleged to have sent inappropriate messages to a teenage girl on Facebook over a five-week period.

A complaint was made to police in January 2012. Kelly’s case was back before the court Wednesday regarding a Charter application involving the evidence gathered by the ICE unit. It was set over until March 24.

The most recent Internet luring charge was laid by the ICE unit Feb. 11 against Mohamed Elseify. The 36-year-old is charged with two counts of attempting to lure a child younger than 18 by means of a computer. His case will be called March 20.

A case that shocked educators and parents last year was when a former teacher was charged with exchanging thousands of Facebook messages with a former student at his school when she was 14 and he was 40.

Jody Hale was found guilty by a judge Dec. 13, 2013 in Grand Falls-Windsor. The case is due back in court March 3 for a pre-sentence report.

Several other cases are expected to be called over the next couple of weeks at courthouses across the province. They include that of Sean Patrick Mills, who faces four charges of child luring for a sexual purpose using a computer, and will be back in court in June in St. John’s for a trial; Lily Violet Avery, who faces one charge of luring and one of making sexually explicit material available to a child, Clarenville; and Oral Mark Small, who pleaded guilty Feb. 14 to Internet luring and will be back in court in St. John’s in June for a sentencing hearing.

 

bbelec@thetelegram.com

Tomorrow: Embracing technology and learning from it

Organizations: Combined Forces Special Enforcement Unit—Newfoundland and Labrador, CFSEU-NL, The Herald Charter

Geographic location: Canada, U.S., Grand Falls-Windsor Clarenville

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Comments

Comments

Recent comments

  • Cashin Delaney
    February 27, 2014 - 23:40

    Yes, it would be more productive if the police were posing as a 35 year old man, and then sending a patrol car to the home of the curious kids, to visit their parents, to find out why they are online talking to mentally ill/weak men about sex online with no homework done? This would be prevention I would support. This STING tactic to me, seems better than the the fuzzy logic of baiting the perps, that we see go so wrong in the USA. Contrast the titles of the XXX-rated videos that come up on our HDTV pay-per-view offerings now, by default. Eveytime the router, or box resets, I have to go in and lock this 'smut' out again. I am far from a prud about any healthy sex and sexuality. It is evident that some of the "Adult" movies on our TV pay per view are not healthy pro-sex, not even fantastic objectification, but violence against women, and men. Education is the only way. There will always be a creep willing to shag a 15 yr old, BUT, not always 15 yr olds willing to get shagged by creeps if we get our act together. Kids need self-esteem, not anti-creeps pretending to be them.

  • Where's Waldo? and the Police?
    February 27, 2014 - 16:47

    Maybe the police should come out of the dark rooms and go outside and "Around da Bay" more often. There are no end to very visible- - non-online-- open relationships, between much older men and teens in rural areas. I guess the cost of gas trumps the stopping of crime.

  • Me
    February 27, 2014 - 14:54

    I can"t see how parents can watch their kids,all the time.In a perfect world,we could probably do it,but with most families with mom and dad working it,s almost impossible.And with today's technology,the scumbags are out in full force.Thank heavens we have the police.

  • Bob
    February 27, 2014 - 12:13

    Thank you Edward. I just feel that this type of activity is a huge waste of police resources. The parents should have a greater role to play in their children's online safety. Anytime a child/young teenager is online,they should be monitored/chaperoned 100% by their parents to avoid any potential problems. Too many parents are too apahetic these days to take responsibility and protect their children from online predators.

  • Edward F. Hiscock (Frank)
    February 27, 2014 - 10:40

    Right on Bob, you could'nt have said it any better, you can be sure that the latter is the creepier.

  • Bob
    February 27, 2014 - 09:20

    I don't know what's creepier/more disturbing.The creeps who are online prowling for underage victims or the police sitting in dark rooms trolling and pretending to be children.Something doesn't seem right about this in any sense of the imagination. *shiver*

    • yo mama
      February 27, 2014 - 12:15

      What's wrong Bob, afraid you're going to get caught?