This case regards three persons who were involved in several offences related to child abuse, a number of which were committed using social media.
The three convicts were charged together on twenty-six counts of, inter alia, sexual assault, extortion, possession of indecent photographs, possession of prohibited visual recordings, procuring or attempting to procure by way of threats or intimidation a girl to have unlawful carnal connection and recruiting, harbouring, transferring and receiving a child knowingly or recklessly disregarding that the person is a child for the purpose of exploitation.
The first accused, ML, used Facebook to lure and groom young girls through promising modelling jobs and money over a period of four years. ML requested the victims to send nude pictures. After receiving nude pictures from the victims, the accused blackmailed the victims by threating to expose their identities if they refused to engage in sexual acts with him and the co-accused. In some instances, these acts were filmed. The Court observed that the first accused had a clear pattern in committing the offences and had facilitated the interactions between the other two accused and the complainants. The accused was eventually sentenced to 25 years' imprisonment for his guilty plea on over twenty counts.
The second accused, EL, was a police officer at the time of the commission of the offence. He pleaded guilty and was sentenced to 12 years’ imprisonment for one count of sexual assault.
The third accused, JYN, also pleaded guilty and was sentenced to eight years’ imprisonment for one count of sexual assault.
ML's mobile phone was seized and examined and the analysis of texts and images thereon revealed that he had been in touch with numerous girls between the ages of twelve and fifteen on social media under the name of KB and other Facebook profiles.
A search warrant was executed at his residence and several electronic devices, namely external hard drives, pen drives, mobiles and laptops, were seized.
In addition, the police seized a number of videos, dating from 2012 to 2019, of ML and of the other two convicts engaging in sex with the young girls.
From the images and texts extracted, ML’s modus operandi emerged: he would falsely represent himself as a female model and get in touch with young girls to invite them to be models. He would offer them money for their (nude) photographs, and then eventually ask them for sexual favours. When refused, he would threaten them with the publication of their nude photographs.
The Court reviewed the facts of the case before moving on to the determination of the sentence of each of the three accused, who had all pleaded guilty.
The Court considered the aggrevating and mitigating circumstances for each of the defendants, including the occupation of the second defendant and the fact that all three pleaded guilty and in so doing, saved the victims the trauma from having to re-live the trauma they had undergone in a lengthy criminal trial. In particular, the court viewed considered the mitigating factors regarding the third defendant, stating that he was only 18 years when he committed the crimes and was a first offender, and that his circumstances justified a lower sentence.
Section 284 of the Penal Code
Causing any person to receive any writing, demanding anything from one person without reasonable excuse or probable cause and containing threats of any injury or detriment of any kind if the demand is not complied with
Section 152(1)(aa) of the Penal Code
Possession without reasonable excuse of indecent photographs or pictures of a child
Section 139 (a) of the Penal Code
Procuring or attempting to procure by way of threats or intimidation any girl to have unlawful carnal connection
Section 3(1)(b) of the Prohibition of Trafficking in Persons Act (PTPA)
Recruiting or receiving another person for the purpose of sexual exploitation by means of coercion
Section 130(1) read with section 130(2)(d) of the Penal Code
Sexual Assault (nine counts)
Section 157C of the Penal Code
Possession of prohibited visual recording of another person having reason to believe it to be a prohibited visual recording without the person’s consent
Section 157C of the Penal Code
Possession of prohibited visual recording (two counts)
Section 6 of the PTPA
Intentionally benefitting from the exploitation of trafficking in a person
Section 4(1) read with section 5(1)(b) of the PTPA
Recruiting, harbouring, transferring and receiving a child knowingly or recklessly disregarding that the person is a child for the purpose of exploiting, whether or not by the use of force or other forms of coercion
Section 157A read with section 157E of the Penal Code
Prohibited visual recording of a private act (two counts)
Section 135(1) of the Penal Code
Committing an act of indecency towards a child
Section 130(1) read with section 130(2)(d) of the Penal Code
Sexual Assault
Section 130(1) read with section 130(2)(d) of the Penal Code
Sexual Assault
Supreme Court of Seychelles
R v ML & Ors Cr S 63/19
The case stands as a clear example of how social media platforms can enable sexual predators to target innocent children.
The Court ordered that the Attorney General formally report these crimes to Facebook through the complaint mechanism provided for on the Facebook platform and request that any profiles used by the first accused be removed.
The Court expressed its concern and noted the challenges for law enforcement, legislators, parents, guardians, caregivers and social services in monitoring and investigating those that target children through social media platforms.
The Court pointed out the need for vigilance and caution when interacting on these platforms and to report suspicious behaviour to the authorities.
The Court also stressed that this case highlights the need for specialised laws and investigating units to respond to this type of conduct.
The Court expressed its grave alarm, noting that the second accused was a police officer with five years of service. He was entrusted by state to ensure the safety of children and he violated that duty. After referring to similar cases involving a police officer breaking the law, the court emphasised how through its sentence, it intended to send a clear a message to other police officers who may be tempted to break the law, pursuing self-interests.