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On that day, while in her basement, Hogue, 35, showed the girl pornography on his phone and then convinced her to strip naked while he video recorded her.
He also asked the girl to touch him sexually.
When police seized Hogue’s phone they discovered more than 1,300 images and videos depicting child pornography that had been downloaded in a nearly four-year period.
Because the victim could not indicate the ages of the “boys” and “girls” Hogue showed her engaged in sexual activity, it wasn’t known whether she was shown children having sex.
Labrenz said the fact there was no actual physical contact did not mitigate Hogue’s crime in any significant way.
“The offence itself does not require . . . that some physical touching occur,” he said.
The judge said suggesting the lack of contact was less harmful would be akin to arguing sexual touching was not as traumatic to a child as forced intercourse.
“It is a myth that the mere sexual touching of children is less harmful,” Labrenz said.
“Sentencing judges err when they put too great an emphasis on the nature of the physical contact.”
He noted the effect Hogue’s crimes had on the parents of the girl, who trusted him as an educator for their child.
“As expected, the statements (from the parents) were difficult to listen to,” he said.
“The parents feel inadequate and ashamed. They wonder what they did wrong, when the question should be (about) what (Hogue) did wrong.”
Labrenz said while he couldn’t find that the teacher planned the sexual encounter in advance — as suggested by Beland, who noted Hogue downloaded 87 child pornography videos just hours before — there was an element of grooming to the crime.
He also disagreed with Patel that his client acted spontaneously, finding Hogue’s behaviour was calculated.