18-year-old trafficking victim pleaded guilty to advertising minors’ sexual services while being exploited herself. Court imposed suspended sentence with probation, recognizing exceptional circumstances of dual victim-offender status.
In R v Jober-Sutherland, 2024 ABKB 266, the accused, 18, pleaded guilty to advertising sexual services contrary to s. 286.4 of the Criminal Code. The offence involved the recruitment of two minors (aged 16 and 17) into sex work at the direction of her trafficker.
The accused contacted the victims via Snapchat, requesting nude photos for advertising on LeoList. She knew the victims were minors and that the photos constituted child pornography. The images were used to advertise sexual services, with the accused’s trafficker controlling all arrangements and keeping the profits.
The court recognized the accused as a victim of sexual exploitation herself. She had experienced severe childhood trauma, addiction issues, and was being physically and psychologically abused by her trafficker while committing the offence. Expert testimony confirmed she suffered from complex PTSD and substance use disorders.
Despite the typical range of 1-4 years imprisonment for such offences, the court imposed a suspended sentence with 24 months probation. The judge found this exceptional case warranted a rehabilitative approach, considering the accused’s victimization, genuine remorse, rehabilitation efforts, and the fact that the victim’s report helped her escape her own exploitation.
