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The Crown is seeking a five-year sentence for B.C. man Christopher Neil. He's known for disguising his face with a swirl in images showing him sexually abusing young boys
NEW WESTMINSTER, B.C. — A British Columbia man who disguised his face with a swirl in images showing him sexually abusing young boys in Southeast Asia manufactured the child pornography for online distribution, a court has heard.
Christopher Neil, 41, should be sentenced to five years for child-sex crimes including the offences that catapulted him to notoriety with the nickname “Swirl Face,” the Crown told a B.C. Supreme Court on Thursday.
Neil “conceded” to a psychiatrist during a pre-risk assessment that he produced some photographs for online purposes, explaining he thought there was a lack of such material at the time, said Crown lawyer Brendan McCabe.
“I guess he would have thought there wasn’t enough child pornography involving young Asian males, and by young I mean prepubescent,” McCabe said. “So he took it upon himself to fill that void and place images on the Internet.”
If a B.C. Supreme Court judge agrees with the Crown’s sentencing request, Neil would serve about 10 months after time he has already spent awaiting trial.
The Crown also requested that he be banned from the Internet for life and serve three years’ probation. The judge was asked to ban Neil from visiting places such as parks and community centres, and to impose travel restrictions.
The former overseas English teacher from Maple Ridge pleaded guilty in December to five charges including counts under Canada’s rarely used child-sex tourism laws.
They include two counts of sexual interference in Cambodia in 2003, one charge of possessing child pornography in Maple Ridge in 2007, and two charges of accessing child pornography in Vancouver in 2013.
Court heard a wide-reaching police investigation overseas and in Vancouver turned up boxes of CDs with thousands of photographs and videos of child pornography. Some were images of Neil and the boys being abused in the Swirl Face pictures.
The two boys were paid by Neil to participate in photographs and sex acts over two days in 2003, in an area known for child-sex tourism near the Cambodian capital of Phnom Penh, court heard.
“They depict Mr. Neil reclined on a bed without any clothes on with young children naked beside him,” McCabe said. “Obviously the court can infer Mr. Neil was instrumental in the making of these images.”
A Canadian investigator later interviewed one of the boys in Cambodia, who said he was 13 at the time.
Brian McConaghy, a former RCMP forensics scientist, testified that his charitable foundation, Ratanak International, purchased the building where the Swirl Face pictures were made to obtain evidence.
He said the victim was willing to testify, but was so vulnerable and impoverished he was at risk of suicide.
“He was terrified of being exposed,” said McConaghy, who told the court he couldn’t track down a second victim in the photographs.
McCabe said court should consider the guilty plea by Neil a mitigating factor because it “goes some way to convey to this court an expression of remorse,” McCabe said, adding it also meant the victim did not have to testify.
In the prisoner’s box, Neil appeared to be listening intently but did not react throughout the proceedings.
Court heard he committed new crimes when he returned to B.C. after his early release from a nine-year prison sentence in Thailand for molesting two boys.
When Neil arrived back in Canada he was placed on a peace bond in an effort to protect children and was banned from having a computer.
But McCabe said Neil purchased a computer with the help of a convicted sex offender and when police examined it they found child pornography and encryption software.
Neil’s pre-risk assessment formally diagnosed him as a pedophile, McCabe told the judge. He said the psychiatrist found he is at high risk for reoffending with child pornography and at moderate risk for offending against children.
His risk to abuse children rises substantially if he returns to places like Thailand or China, where he would have greater access to potential victims, court heard.
Neil’s lawyer was expected to present sentencing submissions later in the hearing.
Neil was arrested on 10 new charges in March 2014, and has been in custody ever since.
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February 17, 2019 published at 8:13 PM By David Sun The New Paper
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An explicit video of a young girl in a secondary school uniform was circulated online last week.
The three-minute video, which appears to have been taken at a staircase landing, shows her performing various sex acts with an unidentified man.
The girl, whose face can be seen, appears to be a minor. She was wearing the uniform of an all-girls school.
The New Paper understands a police report has been made.
A Ministry of Education (MOE) spokesman told TNP the school had found the girl is not a current student.
She said it would not be appropriate to make further comments as the police may be investigating the matter.
Ms Frances Yeo, a consultant psychologist at Thomson Medical Centre, said she has counselled teens whose intimate pictures were shared online by people they trusted.
"It becomes quite a big thing for a young person," she told TNP. "For girls who had been trusting, betrayal in the form of revenge porn can lead to a lot of anger and trauma."
Those close to the victim are also affected, she added. "Parents can be more traumatised than their children after seeing the material, and may take punitive action. It may lead to depression or suicidal thoughts."
The video surfaced last Monday, the day the Criminal Law Reform Bill was read in Parliament for the first time.
It seeks to amend the Penal Code to tackle emerging crime trends such as revenge porn and child pornography.
If it is passed, revenge porn, where one distributes or threatens to distribute an intimate image, will become a crime.
Offenders can be jailed for up to five years, fined or caned.
Revenge porn culprits are currently prosecuted for offences such as extortion and criminal intimidation.
The Penal Code Review Committee, which produced a report leading to the Bill, previously said: "Technology has not just facilitated the distribution of child pornography but the demand for it as well.
"The current law was not designed for, and is inadequate to address, the serious problems that the rise of the Internet has created for offences such as child pornography."
Lawyer Gloria James-Civetta said the man in the video could also be jailed for up to 10 years for his sexual acts if the girl was under 16, and up to 20 years if she was under 14.
If she is between 16 and 18, he would need to prove in court she had consented to the acts in order to be found not guilty.
Noting the proposed changes are a step in the right direction, she added: "Persons can no longer use social media to get revenge without being dealt with by the law, given that something posted online is difficult to remove and can leave indelible scars on victims," she said.
"The changes will protect victims in abusive relationships and give them legal recourse."
Lawyer James Ow Yong of Kalco Law said anyone caught sharing the video could be prosecuted for transmission of an obscene video.
The MOE spokesman said schools have measures such as sexuality education lessons.
She said: "(Students) are taught to seek help from trusted adults, such as their parents, teachers and school counsellors, should they require additional support or when they suspect their friends are being exposed to harmful influences."
"Parents, too, play a key role in their children's sexuality education," she added.
Asked what can be done by victims of revenge pornography, and how one can avoid becoming a victim, a police spokesman said: "Do not share or let anyone take intimate or compromising photos or videos of you. Once they are leaked, it is almost impossible to remove the content from the Internet."
This article was first published in The New Paper . Permission required for reproduction.

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