Judge Sanjeev Anand has rejected a man’s defence that plans to involve an 11-year-old girl in a sexual encounter with her mother - actually characters created by police - were fantasy role play.
Olynick became the subject of an investigation when he posted an online advertisement seeking a sexual encounter with a mother and daughter, according to the March 1 ruling.
Anand found Brendan Olynick guilty of inviting a person under 16 to sexual touching.
A police officer, posing as a mother with an eleven-year-old daughter, responded to the post. Over the course of several days, Olynick and the officer exchanged emails and texts, culminating in a plan for the mother and daughter to meet Olynick at a hotel to engage in sexual activity together.
When Olynick arrived at the hotel, he was arrested by police.
Olynick’s defence counsel had argued Olynick’s was engaging in “fantasy role play” and that he never had the intention of engaging in physical acts with the fictional child.
Anand found that considering the communications between Olynick and the fictional child, specifically the tone and content of the communications; the fact that Olynick twice attempted to physically meet the girl; and the items found in Olynick’s possession when he was arrested, he at least intended that she take him seriously.
“Even though Mr. Olynick may have communicated the arrangement with the intention of arousing sexual desire in (the girl), because he intended to also induce in her the belief that the arrangement would actually be followed through upon, he was not engaged in the type of pure fantasy role play that would allow him to escape liability.”
Anand said he issued a written decision to address the absence of Saskatchewan case law in these cases, and to clarify the meaning of “arrangement” in the related section of the Criminal Code.
