A second boy has pleaded guilty in the Rehtaeh Parsons case.
This time, the boy admitted to distributing the photo that was used to shame Rehtaeh Parsons. This boy, who is also in the picture, is giving the “thumbs-up” sign while standing behind Parsons as she leans out a window to puke.
In an agreed statement of facts read aloud in a Halifax courtroom, Crown Prosecutor Alex Smith says the boy was “having sex” with Parsons at the time, that she did not know the photograph was taken, and that she did not consent to it being taken.
Glen Canning, Parsons’ father, says this raises a vital question.
“They can go on about how Rehtaeh didn’t give consent to this photograph being taken yet for some reason she was able to give consent for sex? Rehtaeh was not in a position to give consent, not just to the photo, but to anything else going on that the photograph shows and that’s why our family is so angry and upset by this. This should have been a charge of sexual assault that’s exactly what it was. There’s no other way that anyone can describe that photo.”
Canning says he can’t imagine there being a case for sexual assault having more evidence than this – a photograph and a confession on social media – and yet there has never been a charge of sexual assault laid in connection to the events that occurred on Nov. 12, 2011 – before and after the photo was taken. The boy who took the photo pleaded guilty on Sept. 22 and was sentenced on Nov. 13. He was given a conditional discharge. That boy, and the boy who changed his plea to guilty today, can’t be named because their identities are protected by Canada’s Youth Criminal Justice Act. There is also a publication ban on the identity of Rehtaeh Parsons because she is the victim in a child pornography case. However, her parents and the Crown opposed that ban, and a judge has said that the ban does not actually protect her identity. This post respectfully disobeys the ban as it applies in this case because there is no public interest served in prosecuting people who violate the ban and a greater public good is served by mentioning her name in this and other important discussions.
No charges were laid while Rehtaeh was alive. After she died in April 2013, the police reopened the case and new information came to light. Four months later, charges of producing and distributing child pornography were laid against two of the four boys alleged to have sexually assaulted her.
“New information came forward after Rehtaeh died, but the RCMP told me there was nothing in that new evidence that told them something they didn’t already know,” Canning said.
Leah Parsons, Rehtaeh’s mom, said her daughter lost the very essence of who she was when that photo was taken and distributed around her school. One of the people who spread it around the school was a friend of Rehtaeh’s, Parsons said. Equally disturbing, the police did nothing to stop it.
“Originally, they said it was child pornography and that they were going to lay charges of sexual assault and child pornography,” Parsons said outside court today. “Within a month, that changed. The photo itself, I was told it was a community issue and not a police issue.”
And now, the person who took that photo and the person who started to spread it around the school to bully and shame Rehtaeh Parsons have both pleaded guilty to criminal charges arising from that.
Canning and Parsons hope their questions will be answered when Murray Segal reviews the way the RCMP and the Public Prosecution Service handled this case. The Nova Scotia Justice department hired Segal, the former Deputy Attorney General and Chief Prosecutor of Ontario, but he has put his review on hold until the conclusion of the criminal matters before the court. Segal will resume his review after that.
The youth who pleaded guilty today will return to court Jan. 15, 2015 for sentencing. His lawyer, Brian Church, declined to speak to reporters after today’s hearing.