A screen capture of a comment Parker Donham made on Facebook about the child pornography charges — after the first of two guilty pleas. On Monday, a second boy pleaded guilty to distributing the photo that was used to shame and bully Rehtaeh Parsons.
Sexting advocate Parker Donham says an injustice has been committed against the two boys who pleaded guilty in the Rehtaeh Parsons case and is using the publicity around the case to champion for changes to an “overly broad law.”
Sounds ridiculous doesn’t it? No, I’m not kidding you, it’s true. I might be guilty of putting a little spin on that lede, but it’s exactly what Parker does. If anyone tells you a journalist does not put spin on their copy, don’t believe them. Parker does and he takes spin to Spinal Tap levels.
Don’t take my word for it, go read Parker’s blog titled Moral Panic Makes Bad Law.
In promoting his blog on Facebook, Parker suggests that the court cases in which two boys pleaded guilty involved “a trumped up charge to appease media demands that the boys be punished.”
One might think Parker is just following the advice of the late great George Carlin to “question everything.” If you’re an adherent to that philosophy, you should also question Parker, especially because he is prone to making erroneous assumptions in addition to applying copious amounts of spin to his arguments.
Exhibit 1: He assumes there is no evidence to support sexual assault charges when the agreed statement of facts read in court suggest otherwise. He was not in court either day and seemingly is not aware of these agreed statements of fact. These facts might not convict, but there is other evidence available, and more could have been obtained by police if they simply did their job properly.
Exhibit 2: In his blog, Parker writes that child pornography law is a result of “moral panic” that is leading to “a flurry of child pornography charges against youngsters guilty only of entirely consensual sexting.”
When making that claim, Parker links to this post about a case in British Columbia.
On a more careful examination of the case Parker cites, we realize that while the sexting might have been consensual originally, the criminal charges arose from actions that took place after a relationship ended and could in no way be described as consensual.
For a more accurate description of that case read this. Parker didn’t link to that, or provide more details, because it doesn’t fit his narrative. He is constructing a paper dragon and the only valid argument he is making is that what happened in the Rehtaeh Parsons case does not fit the definition of child pornography that most of us have come to understand.
Of course it is not “child porn” according to that definition, but don’t get sidetracked by our contrarian crusader’s argument. Consider these key points instead:
- What the boys did fits the legal definition of child pornography as set down by Parliament. A judge has ruled thus on two occasions. For someone so concerned about the rule of law, Parker should give this more credence. If he doesn’t like these rulings, he should ask Parliament to change the name of the law. Remember, Parker has said what the boys did was “disgraceful and reprehensible.” Presumably, he also thinks it should be prohibited by law as he has said he would have even supported voyeurism charges under Section 162 of the Criminal Code. As best as I can tell, Parker’s only valid objection is the labelling of the crime. This is hardly something that supports an assertion that in “injustice” has been done.
- The facts known to police would support laying at least one charge of sexual assault, perhaps two, with a reasonable likelihood of conviction. If you don’t know what this evidence is, open your eyes and keep an open mind. “There are two sides to every story” is something we keep hearing in this case. The truth is somewhere in between the two sides — but not in the middle. That’s because some people simply don’t understand the laws concerning sexual consent in this country. This is the discussion we should be having. It is of monumental importance.
- Additionally, this information should have been used by police to elicit more evidence to support those charges, and perhaps others, but the police investigation was woefully inadequate and misdirected, according to Leah Parsons and Glen Canning. Their complaints have sufficient merit that it has prompted the province to hire Murray Segal, the former Deputy Attorney General and Chief Prosecutor of Ontario, to review the way the police and the Public Prosecution Service handled the case. Segal’s review is on hold, but will resume when these criminal proceedings conclude in January.
- Whatever legitimate concerns Parker might have about sexting being criminalized pale in comparison to the more pressing concerns this case is about: cyber-bullying, sexual consent, and suicide prevention. Furthermore, to bring them up in connection with this case and suggest that an injustice has been done against the boys is one of the most ridiculous things I’ve ever seen an intelligent person write.
- The police, prosecutors and judiciary in this province do not do anything to “appease an enraged public and media.” They do their job and when they fail, they can enrage the public and media which prompts them to actually do their job. That is why we have freedom of the press, to hold our public officials accountable. We don’t have freedom of the press to conscript them into lynch mobs and that is certainly not what happened here. If the police and Crown laid a charge to appease an “enraged press and public,” it makes no sense that they would lay a charge that would automatically invoke a publication ban when another law, voyeurism, was available to them. A more likely motive for the “child porn” charge is that there would be a statutory publication ban – not one that would leave a judge with some discretion. This creates a disconnect from the court proceedings to the handling of the case between November 2011 and April 2013 – the handling that will be under review. The media and public would most certainly have preferred a voyeurism charge so that Rehtaeh Parsons’ name could be published without restriction.
Sometimes, being a contrarian is a good thing. We need contrarians because they challenge us to think and question the zeitgeist. However, this is a cautionary tale about how being a knee-jerk contrarian can put you far out on a ledge — in an untenable position maintained only by stubbornness, not reason.
In a parting cheap shot at journalists who are doing their job and ensuring that public officials are held accountable, Parker writes in his Facebook teaser for the blog post: “This is not the Nova Scotia news media’s finest hour” and refers to some as “journocutors.”
Not our finest hour? Parker, none of us claims to be as perfect as you, but at least we are not creating a distraction from the more important discussions that actually pertain to this case.
If there is fault here, it is with you for creating this attention-seeking distraction. Most importantly, though, the fault lies with the public institutions that failed Rehtaeh Parsons, and not with the media and the public that is seeking justice.
Now, let’s get back to our more important discussions.