A young person was charged with threatening bodily harm against a 16-year-old complainant following a Facebook conversation in which the defendant described violent sexual fantasies involving cutting, breaking bones, and rape.
The defendant, who had recently turned 18, was a member of the same high school band as the complainant.
The Crown alleged the defendant uttered threats; the defence argued he merely expressed fantasies and desires, not intended actions.
The court found the defendant guilty, determining that despite the defendant's statements that he did not want to hurt the complainant, his clear declarations that he did not care about the complainant's consent and his assertion "I want to cut u....so why can't I" constituted threats meant to be taken seriously.
The court considered the context of the entire conversation, the brevity of the relationship, the document found in the defendant's possession containing similar violent sexual fantasies, and the complainant's eventual fear upon reflection.
