When a sextortion case involving your child comes to light, emotions can run high, and navigating the investigative steps that follow can feel overwhelming. Misinformation surrounding how authorities handle these cases can also add to the confusion.
Recently, another Canadian digital literacy and internet safety expert shared with parents publicly, and on their Facebook page, that when a police first responder arrives at your home for a sextortion complaint, the attending officer does NOT need to see the intimate image in question. They also stated that if the case is pursued further, a “cyber team” would work to remove the image in collaboration with Project Arachnid.
The author of this Facebook post proudly recounted an incident where a parent, after seeking guidance and assistance from them, declined an officer’s request to view the photo. To put it mildly, what the heck!!! – such advice underscore the concerning consequences of providing inaccurate information to the general public. It’s no surprise that when Darren, with his 30 years of Canadian law enforcement experience and ongoing collaboration with law enforcement, read this ‘expert’s’ advice, he was deeply concerned, as the information provided was painfully inaccurate.
While these statements made by this presenter may seem reassuring to the uninformed, they are inaccurate and require key clarifications for parents to fully grasp how a police investigation and legal process typically work is sextortion cases here in Canada. Depending on your police jurisdiction, certain steps are often necessary in handling these types of investigations – important note, again, this can differ from jurisdiction to jurisdiction.
Clarification #1: This Expert Is Wrong Specific to Sextortion Investigations
The presenter in question, despite being an internet safety expert, has never served as a police officer or conducted an actual police sextortion investigation. As such, their understanding of the legal and investigative requirements needed to handling these types of cases is likely anecdotal from officers that he may have spoken with. FACT – police sextortion investigations are complex and involve numerous legal and investigative hurdles that are essential in these types of cases.
Clarification #2: YES – First Responders May Need to See the Image
Contrary to what this presenter stated, many police departments across Canada do not have dedicated cybercrime units, meaning that the attending officer is often responsible for taking the initial steps of a sextortion investigation. Contrary to this expert’s claim, in some cases, the investigating officer will need to see the image or video in question to determine whether it falls under the legal definition of Child Sexual Abuse Material (CSAM), also known as child pornography. Why? – in Canada, for an officer to obtain a production order or search warrant, which legally compels internet service providers or other service providers to hand over critical evidence that may identify the offender, they must convince a judge or justice that the image meets this legal standard. The officer can “best” do this by physically examining the images to ensure they meet the burden of proof necessary to obtain a production order or search warrant. Can an officer still obtain a warrant, without seeing the picture “maybe” yes, “maybe” n0 – so it is our suggestion to ensure a production order or warrant is obtained, allow the attending officer to view the image
Clarification #3: Seizure of Devices and Forensic Data Collection
In addition to viewing the image, it’s not uncommon for law enforcement to seize the device used to send the intimate image, whether it be a phone, tablet, or computer. A forensic analysis, or “data dump,” will likely occur to capture any relevant digital evidence, including photos, videos, chat streams, and metadata that could aid in the investigation. This step is essential in building a robust case against the offender.
Clarification #4: The Role of Integrated Child Exploitation (ICE) Units
While many provinces and territories in Canada have Integrated Child Exploitation (ICE) units that specialize in investigating cases involving child sexual abuse and exploitation, the volume of cases these units handle can be overwhelming. As a result, the first responding officer often becomes the lead investigator, responsible for gathering key evidence, including the intimate images or videos in question.
Parents should be aware that in some cases, the ICE unit may only get involved in a more advisory or supervisory role, relying on local officers to carry out much of the groundwork. This means that the attending officer could very well need to see the image or video to advance the investigation. By not allowing them access to the picture, you delay the investigation which may be time-sensitive especially when it comes to evidence gathering and identifying the offender.
Clarification #5: Removing the Image is Only One Step In The Process
While working with organizations like Project Arachnid (1) to remove harmful content is critical, this step occurs only after the investigation has begun if police are now involved. Removal does not eliminate the need for proper legal procedures to be followed, including the viewing and digital hashing (fingerprinting) of the image by law enforcement for evidentiary purposes, and to establish its status as CSAM. Project Arachnid is a valuable tool in preventing the spread of such content, but it does not negate the responsibility of officers in the first instance to handle the image as evidence. NOTE – A youth victim and their family can still connect with Project Arachnid without police involvement for assistance, although they will strongly recommend the family does so.
It’s natural for parents to want to shield their children from further embarrassment or exposure during an investigation. However, it’s important to understand that sextortion cases demand a thorough investigative and legal process once police are involved. Allowing police to view the intimate images early in the investigation (which can be done without your child present), especially when it comes to smaller police department and detachments across Canada that don’t have a dedicated ICE unit, is a vital first step in gathering additional evidence, advancing the case, and preventing the offender from potentially targeting other children.
Parents understandably feel torn between protecting their child’s emotional well-being and ensuring justice is served. The idea of an investigating officer seeing an image of their child that was meant to be private can certainly feel intrusive, but understanding that the officer is acting within a legal framework designed to protect your child can provide reassurance. It is also important to note that these images are handled within strict evidentiary protocols that aim to minimize additional harm to the child given the nature of the images.
The Legal Framework: What Parents Should Know
In Canada, child sexual abuse material (CSAM) is a clear violation of the Criminal Code of Canada. Sextortion is treated as a significant crime, and investigations often require the cooperation of multiple agencies, including local law enforcement, provincial and national cybercrime units, and international partners.
We will admit that there are times when attending officers will not do their due diligence in these types of cases (2) This is why, at The White Hatter, we have taken on an advocacy role with some families to ensure that law enforcement conduct thorough and responsible investigations where appropriate and reasonable to do so.
Ultimately, misinformation surrounding sextortion investigations, like that shared by the presenter who inspired this article, can impair a parent’s judgment at a critical moment when reporting a sextortion case involving your child to the police is so important. It’s essential for parents to have accurate information, especially regarding how law enforcement will handle the investigation, to ensure the process is properly navigated.
While parents understandably want to protect their children from further trauma, it’s important to recognize that sharing the intimate image with law enforcement is often a crucial first step in the investigation. Skipping this part of the process could drastically slow down the investigation and lessen the chances of retrieving the sent pictures, as well as identifying, arresting, and prosecuting the individuals responsible for the crime.
When navigating sextortion or any crime involving your child, it’s critical to work closely with law enforcement professionals who understand the legal framework and investigative requirements to protect your child and hold offenders accountable. Here’s an article we wrote that outlines what you can do to help police in their investigation. (3)
If you are a family of a child who has been the target of sextortion, and you have questions on the role and responsibilities of law enforcement in these cases, don’t hesitate to connect with us for FREE! For more in-depth information on what to do if your child has fallen victim to a sextortion, check out our 10 Step Emergency Protocol that has helped hundreds of Canadian families that have connect with us for guidance (4)
Digital Food For Thought
The White Hatter
Facts Not Fear, Facts Not Feelings, Enlighten Not Frighten, Know Tech Not No Tech
References:
1/ https://www.projectarachnid.ca/en/
3/ https://thewhitehatter.ca/blog/reporting-a-digital-crime-heres-what-to-expect-from-the-police/
