Teen films sex, threatens

by · Castanet
Photo: Castanet file photo

A South Okanagan teenager who filmed an underaged sexual partner and threatened to share the footage has highlighted concerns about youth internet usage.

In a case recently before the B.C. youth court system, a South Okanagan high school student — whose name and other identifying information is shielded due to youth privacy requirements — pleaded guilty in relation to an incident in 2023.

Court heard that the teen, who Castanet will refer to with the pseudonym Kevin, took intimate photos and videos of himself engaging in consensual sexual activity with a child of a similar age, in the range of 13-15.

While the sex was consensual, the filming meets the definition of child sexual exploitation imagery, which is illegal to create or possess. The victim denied knowledge of being filmed.

In September of the same year, Kevin threatened the victim with releasing the video to her new partner, and taunted her with suggestions that he had already shared the imagery with friends, according to what was shared in court.

The victim reported the incident, and a subsequent arrest and search of Kevin's phone showed the victim on video as well as multiple other saved explicit images of similarly-aged girls.

The victim told the court she continues to struggle with psychological trauma from the incident.

Crown counsel Danielle Borgia called it a “unique” situation and a “big problem” with teenagers today using social media apps such as Snapchat in explicit ways.

“I think the real issue here that takes us into the criminal charges […] is the threat,” Borgia said.

Judge Gregory Koturbash accepted Kevin's guilty plea and called it a "sad day" for both Kevin and the victim. He sentenced Kevin to a conditional discharge, meaning no jail time and strict probation requirements for 18 months.

At the end, if he follows all the rules, Kevin will not have a record as an adult. The sentence, the judge noted, takes into account that youth do not yet have fully developed brains and can learn from a mistake.

“This [court system] isn’t the best system sometimes for solving these sorts of situations but it’s the only system we have, and it does take a lot of courage to come forward,” Koturbash said, praising the victim for speaking up.

"It’s really difficult for the message to get out there as to how damaging these sorts of things can be [to youth involved]," he added, saying "kids don't watch the news."

"But some way, somehow, young people need to understand that sending out or threatening to send out intimate images for revenge […] can have such devastating consequences.”

Digital literacy and concerns about explicit content are addressed at School District 67 schools, said superintendent Todd Manuel.

He could not comment on the specific case, but confirmed "consent education is an integrated component in our sexual health curriculum to teach the importance of personal boundaries and respectful interactions both online and in person," in an emailed statement.

"SD67 schools often share information with parents and guardians about opportunities to sign up for a variety of online sessions and DPAC parent engagement nights to help families to support their children's safe use of digital technologies, covering strategies for open communication and setting boundaries," Manuel explained.

"For example, the Expect Respect and Expect a Safe Education session 'Establishing Safe, Caring, and Respectful Digital Communities' is offered several times a year and has been very popular with families."

Manuel also highlighted that SD67 schools offer access to support when needed, including helping with connecting to RCMP when needed and educating about the BC Intimate Images Protection Service, available online here.

"We appreciate the support that our school communities, Ministry of Education and Child Care, RCMP and community partners continue to provide to our students regarding the proper use of social media," Manuel said.

"These issues require our collective response to continue to build safety and education for all children."