B.C. man who 'surreptitiously' filmed step-daughters showering sentenced for voyeurism, child pornography

Warning: This story contains descriptions of sexual abuse that readers may find upsetting.

A B.C. man who pleaded guilty to filming his young stepdaughters while they were naked in the shower and sharing the images and videos online has been sentenced to 30 months in prison.

Judge Reginald Harris's decision was handed down in Vancouver on June 28, and posted online Monday. A publication ban protects the identities of the underage victims of the sex offences and the offender is referred to only as "J.S." because identifying him would also serve to identify his stepdaughters.

The judge outlined the circumstances leading up to the 2020 search of J.S.'s home and his arrest in his reasons for sentencing.

THE INVESTIGATION 

The investigation was launched, according to Harris, after a U.S. Special Agent "started online communication with a person who had posted five images of a female changing clothing in what appeared to be a private residential setting," the court heard.

Soon after, J.S. told that agent he had been filming his stepdaughters – who were between 12 and 14 at the time – for three years, Harris said. The subsequent search of the home found an iPhone with 230 pornographic photos and 12 videos. A search of J.S.'s computer found another 100 images. The investigation also revealed that the images were shared with five different users online.

"All of the material focused on the girls’ breasts, vaginas and buttocks," the decision reads. "All of the images and videos were taken surreptitiously in the bathroom in the family home … He also acknowledged that had he set the recording device so he could view the images live while he masturbated in another room."

J.S. would tell the girls to shower when their mother was at work, Harris added.

THE IMPACT 

The Crown argued for a sentence of five years in prison. The defence argued for no jail time and instead asked the judge to impose a conditional sentence followed by a period of probation.

In his decision, Harris weighed a number of factors.

While the teenage girls did not provide statements to the court, Harris said he understood the impact of this abuse to be "extreme, long lasting and emotionally crushing."

One aspect of that was the fact that neither girl knows the images and videos were shared online because their mother has never told them, and because the case did not go to trial.

"I expect that if they learn of the posting they will have terror over the possibility of millions having viewed their naked images and that such thoughts would be devastating for a young woman who is growing into her self image and confidence," the court heard.

"I also expect that thoughts of when, where and in what context, will their images appear would be continuously foremost in their minds."

The violation of trust, the judge said, will likely have caused them to feel unsafe in their home and vulnerable in any situation where they have to undress.

He also noted that their mother is still in a relationship with J.S. and receives financial support from him. Saying this gave her "motive for her to minimize the impact," Harris dismissed her claim that the girls were both coping well and did not want or need counselling.

THE SENTENCE

Harris described J.S.'s upbringing, which included being put in foster care at age three after his mother abandoned him. He was abused verbally and physically and began acting out as a teen, spending some time in a youth detention facility.

The four charges to which he pleaded guilty were his first as an adult.

His difficult upbringing was something the judge considered a mitigating factor.

"His abandonment and attachment issues combined with the abuse that he suffered resulted in social isolation leaving J.S. with unresolved issues," Harris said.

The guilty plea, which the judge noted would spare the victims the potentially traumatic ordeal of a trial was another mitigating factor, as was J.S.'s "genuine remorse" and his participation in counselling.

The aggravating factors, the decision says, included the deliberate and repeated nature of his crimes as well as his exploitation of trust and the exposure of the girls to potential future harm by sharing the pornographic content online.

Harris said five years in prison, which the Crown was asking for, would be "crushing" for J.S. Conversely, he said no time in prison, which the defence argued for, would "not reflect the seriousness of the offences."

Harris said the primary goal in sentencing in child abuse and child pornography cases is to send a clear message.

"This court must express society’s condemnation for J.S.’s abhorrent acts," Harris said.

"Additionally, the sentence imposed must deter others who might be inclined to engage in conduct similar to J.S. The objective of deterrence is particularly pressing owing to the significant harm that these offences cause children."

J.S. was given an 18-month sentence for two counts of voyeurism, and a one-year-sentence for one count of transmitting child pornography. A nine-month sentence for possession of child pornography will be served concurrently. He will also have to register as a sex offender and provide a DNA sample.