Jail time given for accused in sexual extortion case

Sexual extortion — or sextortion — is a serious offence that needs to be denounced since it is a form of violence, a Moose Jaw judge said recently, as he gave his decision in a case involving a Davidson man and Moose Jaw woman.

In Moose Jaw provincial court on Sept. 4, Judge Brian Hendrickson sentenced Layne Antosh to 13 months — or 390 days — in jail, followed by 18 months of probation for attempting to extort a woman by threatening to release nude pictures of her if she didn’t have anal sex with him. He also wanted her to pay him $300. Hendrickson took into account that Antosh had spent 112 days in custody since his arrest in May. Since courts allow for 1.5 days’ credit for each day served pre-sentence, the judge gave Antosh 168 days’ credit, which means he will serve 222 days in jail.

As part of his probation conditions, Antosh will have to keep the peace and be of good behaviour, report to a probation officer once he is out of jail, live in Saskatoon, take addictions counselling, not search for the victim online, provide his DNA to police, and not possess firearms for 10 years.

He was also forced to turn over to police the pictures he had of the woman. Hendrickson reviewed the facts of the case, including the sentencing submissions made in mid-August. Antosh had pleaded guilty to extortion, the unsafe storage of a firearm and possession of an illegal substance (crystal meth) during that court appearance.

The victim — who can’t be named due to a publication ban — and Antosh had a brief relationship online four years ago, the judge said. Then, this past May, the accused began sending the woman text messages. Eventually Antosh — who did not reveal his identity — began sending the woman nude pictures of herself.

“In my view, the (text messages) showed the accused enjoyed keeping the complainant guessing as to his identity,” Hendrickson said. “I also observed one of the (texts) was profane, vulgar, mean-spirited, demeaning to the complainant, and hostile.”

Antosh told the woman he would delete her photos if she complied with his demands but would release them if she didn’t, the judge continued. The messages were meant to intimidate the woman.

“I find that the complainant was resourceful. She was playing for time in trying to determine his identity … ,” Hendrickson said. “She handled the difficult (text messages) admirably.” The woman reported the extortion attempt to police. They arrested Antosh on May 16 following a sting operation where he thought he was meeting the woman. “Sextortion is a form of sexual violence,” Hendrickson said.

The judge indicated the mitigating — or favourable — factors in this case include Antosh’s time in custody pre-sentence; his guilty pleas were entered quickly; he had a limited criminal record; he is taking addictions treatment; and while he had a shotgun in his vehicle, he did not take it when he attempted to meet the woman. The aggravating — or more serious — factors include the negative effects this situation had on the woman as noted in her victim impact statement, and the fact Antosh planned the offence.

Previous case law showed deterrence and denunciation are needed in extortion cases, especially since sextortion is a serious offence, Hendrickson said.

Past case law also indicated nine to 15 months in jail is the range for extortion, although 12 to 15 months is “most typical,” the judge continued. Hendrickson then sentenced Antosh to 13 months’ jail time and 18 months’ probation afterward.