Indecent Exposure

R. v. V.S.

D.G., was charged with accessory to murder after the fact. D.G., was alleged to have been present while a plan to complete a robbery took place. During the course of the robbery, an individual was shot and killed by a handgun. Sometime afterwards and that same evening, one of the alleged murderers returned to the apartment where D.G., The accused, V.S., was charged with three counts of indecent exposure. All three incidents occurred over a span of three months at the Union Pearson express station and were clearly caught on surveillance video. During the first incident the accused allegedly approached a female victim, raised his finger to his face and told her to “shuuush.” He proceeded to expose himself and began masturbating in front of her for several minutes. The victim reported the incident to police. Two months later at the Union Pearson express station a female allegedly observed V.S. exposing himself to her. After Metrolinx reviewed security video and confirmed the incident, they reported it to the Toronto Police. The same month, V.S. was again present at the Union Pearson express station. A Metrolinx security officer was on scene specifically watching for V.S. in the surveillance video in case he showed up to indecently expose himself again. While watching the live surveillance video, the security officer identified V.S. and observed him enter an elevator, expose himself, and proceed to masturbate in the elevator. V.S. could not be located that evening once he exited the elevator. However, the next day, V.S. attended the Union Pearson express station again where police officers were waiting for him in case he returned. Under the Criminal Code, the consequence of being found guilty of indecent exposure carries a minimum penalty of 90 days in jail if the Crown proceeds by indictment, or a minimum of 30 days in jail if the Crown proceeds by summary conviction. The maximum penalty the accused would face is two years in jail if the Crown proceeds by indictment. Further, if found guilty of indecent exposure, the Sex Offender Information Registration Act obligates the convicted offender to register as a sex offender. Offenders must register for a period of ten or twenty years, or for life depending on the nature of their crime(s). They must also provide their date of birth, employment information, educational information, residential address and contact information, a physical description, vehicle information, and sex offences. Although V.S. was clearly caught on security video performing all three instances of indecent exposure, Jonathan Pyzer successfully convinced the Crown it was in the best interest of society and the accused to withdraw all of V.S.’s indecent exposure charges upon his completion of a mental health diversion program. As such, V.S. did not face a finding of guilty, did not have these charges reflected on a criminal record, and did not have to register under the Sex Offender Information Registration Act.