If you are following the Patrick Walsh case, Toronto jury convicted Walsh of sexually assaulting a Ryerson student two years ago.
Walsh is from Dundas, Ontario. He was accused of sexually assaulting a young female on May 13th, 2016. Her identity is protected under a publication ban.
The woman, who is now 22, testified that while she was naked and throwing up in the bathroom of the condo, she saw the accused pointing his phone at her and her and heard laughing. “I was naked and ashamed and heartbroken,” she testified.
“I kept my head buried in the toilet bowl with my arms around my head.”
Crown attorney Brigid McCallum disagreed with Justice Kelly Byrne dropping the count of the indictment (a formal charge or accusation of a serious crime), leaving the accused facing only a sexual assault charge.
“The sole purpose and use of a camera (on a cell phone) is to make a visual record … It’s impossible to use a camera to capture and send images, but not record an image,” argued McCallum.
Before the Protecting Canadians from Online Crime Act in 2014, “‘there was no offence in the Criminal Code that specifically addressed the contemptible form of cyberbullying that has emerged, involving the distribution of sexual images without the consent of the person depicted in that image,” said McCallum.
“The use of Facetime application to send a visual recording of the victim naked and vomiting is at the heart of the harm that this offence was intended to address,” argued McCallum.
We are waiting for Walsh’s sentencing on October 5th, 2018.