Cyber sex not illegal: defence
Charged with luring 13-year-old girl in P.E.I.
A Summerside provincial court judge will decide next month whether a 21-year-old New Brunswick man is guilty of luring a minor over the internet.
Craig Jay Lee Edgar, of Moncton, is charged with luring a 13-year-old Prince Edward Island girl in sexually explicit emails and MSN Messenger exchanges.
Judge Jeff Lantz has to decide whether the online conversations were simply two people playing out a sexual fantasy on the internet, or if it was an attempt by an adult to facilitate actual physical contact with a minor.
Tuesday Lantz said he needed more time to review the law and the facts of the case because the internet luring law in Canada is fairly new and there aren't many cases from the past to draw on.
The judge reserved his decision until June 10.
Defence lawyer Scott Fowler argued that the conversations between Edgar and the girl were nothing more than fantasy. Both the girl and Edgar told police they never actually made plans to meet up, and Edgar said he would not have followed through with it.
Fowler said it isn't against the law for the two of them to just talk.
"Cyber sex is not illegal," Fowler said. "The court may find what happened inappropriate, but there is certainly nothing illegal about it."
In a couple different emails, Fowler said that Edgar even told the girl not to lose her virginity. When she told Edgar that she was thinking of running away from home, he told her that was a bad idea and counselled her to talk to a youth pastor or a coach instead.
Testifying in court Tuesday, the girl read out parts of the email and MSN Messenger exchanges between herself and Edgar. She said that in some of them, they were having what they both considered "cyber sex" — that is, playing out a fictitious sex scene involving the two of them.
In one exchange, both Edgar and the girl talked about the possibility of getting together at some point to "do it for real."
The Crown said that was evidence that Edgar was attempting to lure a minor.
In a taped police interview played in court on Monday, Edgar said the conversations were sexual in nature and that they "got out of hand." He said he had no intention of having sex with the girl.
In the taped interview, Edgar said he met the girl in person in the summer of 2008 and they exchanged phone numbers and email addresses.
Edgar told police that eventually, the conversations, some of which were initiated by the girl, became sexual in nature.