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‘Peeping’ Is a ‘Sexual Orientation’ in Canada, Judge Finds 7/6/2004 Pro-family leader worries that ‘hate crime’ jurisdiction is being expanded.
In a decision unnoticed at the time in the United States, a Canadian judge declared in December that voyeurism, or being a “peeping tom,” is a bona fide “sexual lifestyle” covered under Canada’s “sexual orientation” portion of its “hate crime” law.
Judge Valmond Romilly sentenced an underage youth to three years in prison for his role in the 2001 beating death of Aaron Webster, 41, in Vancouver’s Stanley Park. Although the man had been naked and was in an area frequented by homosexuals, the youths said they had gone to the park to prey on “peeping toms” who were spying on couples in cars. They denied that they had been seeking to beat up homosexuals.
"I am of the opinion that this crime was motivated by ‘bias, prejudice or hate based’ on a factor similar to sexual orientation and is covered by this section of the Criminal Code,” Judge Romilly said in his December 18, 2003, ruling. “It strikes me that this section contemplates hatred against ‘peeping toms’ and/or ‘voyeurs’ as being within its purview, since in my opinion such activity represents a sexual lifestyle which some may consider deviant, but is a sexual lifestyle all the same."
Kari Simpson, executive director of the Citizens Research Institute, a pro-family think tank based in Langely, British Columbia, said the ruling has spawned “ridicule and fear,” given Canada’s recent passage of C-250, which expands the country’s hate crimes law.
“The critics here are saying that it opens the door to whatever,” Simpson said. “Section 718, the sentencing provisions of the Criminal Code, specifies that if a crime is motivated by hatred on grounds such as race, religion and sexual orientation, the sentence should be increased. In this case, [the] Crown did not allege that the motivation of the youth was hate. Their rationale for not doing so was that the youth, who confessed to the assault, said that he and four other youths had gone to the park for the purpose of beating up peeping toms who watched couples make out in their cars, not to beat up homosexuals. [The] Crown could not prove that the crime was a hate crime against homosexuals.
“The judge disagreed with the Crown and called the crime a ‘hate crime.’” According to the Toronto Globe and Mail, “Crown lawyer Sandra Dworkin had recommended a sentence of 20 to 32 months in custody for the youth, now 19. “But Judge Romilly said that was not enough. “‘He was part of a thug brigade stalking innocent victims for their own entertainment,’ he told the court as members of the young man's family looked on. "‘This was an egregious and extremely violent act. It warrants a sentence that must reflect the abhorrence of civilized society at such a heinous crime.’" Jan LaRue, Concerned Women for America’s chief counsel, found the judge’s reasoning suspect: “This young thug who committed murder should have received a sentence longer than the prosecutor sought and the 36 months he received. Nonetheless, this loony judge should be removed from the bench for making voyeurism a civil right," LaRue said. "What's next—rape is just another 'sexual lifestyle' and a 'sexual orientation'? Hopefully, there's enough sanity left in the Canadian appellate courts to reverse this turkey." |
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