U.S. woman facing long sentence flees to Saskatchewan

[Praxius]

U.S. woman facing long sentence flees to Saskatchewan - CTV News

SASKATOON — An American woman who was sentenced to 30 years in prison for having sex with her teenage son's friend is claiming refugee status in Saskatchewan. "Her claim is likely going to be based on the sentence that she received in the United States being cruel and unusual punishment," said Saskatoon-based immigration lawyer Chris Veeman, who is representing Denise Harvey.

"It's excessive."

According to American media reports, the Vero Beach, Florida woman was convicted in 2008 for having sex with a 16-year-old boy on her son's high school baseball team.

Reports about her case in Florida say Harvey never admitted any wrongdoing, but did not testify in her own defence. Jurors did hear that a condom with Harvey's DNA on it was found in the boy's home.

Harvey, 43, was supposed to turn herself in to begin her sentence Feb. 25.

She was arrested in Pike Lake, near Saskatoon, last week. RCMP said they executed a provisional warrant issued by the federal Justice Department.

A spokesman with the U.S. Marshals office did not know how authorities were tipped to Harvey's whereabouts. Dave Oney could only confirm that she has been released on bail in Canada.

Veeman said Harvey was released Monday and must report to Canada Border Services, like any other refugee claimant. She has been in Canada illegally since last year.

Harvey has 28 days to file what's called a personal information form, where she officially lists her grounds for refugee status. It's not known how long the refugee process will take.

"It's a very unique situation so I don't know exactly how it's going to play out," said Veeman.

Veeman said he doesn't think Harvey could be extradited.

"What she was convicted of is not a crime in Canada because of the different ages of consent. At least that's what I'm working with -- I'm not sure if the government is of the same mind."

The age of consent for sexual activity in Canada is 16 years. However, the age of consent rises to 18 years where the sexual activity exploits the young person. That is when it involves prostitution, pornography or occurs in a relationship of authority, trust or dependency such as a teacher, coach or babysitter.
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Not sure exactly where I stand on this issue.... I see justification in both sides of the argument.

 

[In Between Man]

Would it be considered excessive if the purp was male and the victim a female? I think not.

Only 16 years old!

Deport, and let her serve her sentence.

 

[Dexter Sinister]

Anyone remember what it's like to be a testosterone-addled 16-year old male? Who says the kid's a victim? Maybe she was the victim. What if the female had also been 16? Not enough information in that report to form an opinion of the case.

 

[damngrumpy]

If the child is under age the person committed a sexual offence. The fact is the fact,
however I think the sentence is not just, we have people committing murder even in
the United States that don't get sentenced to thirty years. We need more information
before passing judgement on this though.

 

[Praxius]

Here's some additional info:

Florida fugitives seeking refugee status in Canada left trail of unpaid debts

Florida fugitives seeking refugee status in Canada left trail of unpaid debts
​

SASKATOON — In addition to abandoning the man who guaranteed her $150,000 bail bond, Florida fugitive Denise Harvey and her husband, Charles, left a long trail of unpaid debts behind when they fled to Pike Lake in Saskatchewan nearly a year ago.

Records obtained by The StarPhoenix from various U.S. agencies indicate they owe tens of thousands of dollars in unpaid tax to the Internal Revenue Service, have been successfully sued by suppliers or business partners, failed to make mortgage and tax payments on their nearly $1-million home, which was seized and auctioned off, and have been delinquent on child support payments from Charles' previous relationship.

"I'm happy to see the locals (in Saskatchewan) learn about the real Harveys," said a Florida man with knowledge of the Harvey's business dealings. The man spoke on condition of anonymity.

When reached by telephone Thursday, Charles Harvey said he'd consider an interview request and would call back late in the afternoon, but he did not.

Denise Harvey, 45, sentenced in Florida to 30 years in prison for having sex with a 16-year-old baseball teammate of her son's, has claimed refugee status in Canada, arguing the sentence amounts to "cruel and unusual punishment."

Her actions would not be considered criminal in Canada, where the age of sexual consent is 16. And even though the age of consent in Florida is 18, many there were shocked by the apparently harsh sentence. Canada does not normally extradite unless the actions are considered criminal here.

Harvey, however, could be deported to the U.S. for entering Canada illegally.

She has been released from prison on a $5,000 bond while her refugee claim is evaluated, a process that could take months or even years.

While many in Florida and Saskatchewan sympathize with Denise Harvey's predicament, some of those who have had business dealings with the Harveys do not.

"They will take off from Pike Lake, I promise you that," said the Florida man who has dealt with the Harveys.

Ron Barnett, the Florida bail bondsman who put up her $150,000 bail guarantee, is angry she fled, but he also angry Canada is not sending her back to Florida. He must now pay the courts the $150,000.

According to a 2010 IRS document, Charles Harvey owes more than $30,000 in unpaid taxes from 2004 to 2007. A document on the website for the Martin County Court of Clerks says Charles Harvey was delinquent on various child support payments to his ex-wife.

Although he was not convicted criminally, in 2008 Charles was charged in Florida with "felony third-degree grand thef."
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Yeah, ok..... send her ass back.

 

[Bar Sinister]

There is an old principle in the application of the law and that is in order for the law to be just it must be seen to be just. Another related principle is that the punishment must fit the crime. This sixteenth century sentence in the US does not fit either principle. Almost certainly if Denise Harvey was wealthier she would simply appeal to a higher court and have the ridiculous verdict overturned. The US justice system is riddled with inconsistencies - well-heeled murderers and child molesters are allowed to go free and the poor are regularly given life sentences or even executed. I see no difference in the plight of this woman and someone else fleeing from some developing world backwater with completely outmoded laws.

 

[In Between Man]

Anyone remember what it's like to be a testosterone-addled 16-year old male? Who says the kid's a victim?

So if the youth enjoyed himself he's not a victim?

How low does this standard go?

What if a 8 year old enjoyed the contact?

What if the contact was so brief the 8 year old didn't know anything happened?

No harm, no foul?

 

[petros]

The kid kept the condom?

 

[EagleSmack]

There is an old principle in the application of the law and that is in order for the law to be just it must be seen to be just. Another related principle is that the punishment must fit the crime. This sixteenth century sentence in the US does not fit either principle. Almost certainly if Denise Harvey was wealthier she would simply appeal to a higher court and have the ridiculous verdict overturned. The US justice system is riddled with inconsistencies - well-heeled murderers and child molesters are allowed to go free and the poor are regularly given life sentences or even executed. I see no difference in the plight of this woman and someone else fleeing from some developing world backwater with completely outmoded laws.

Perhaps she knew she was heading to the right place then!

 

[petros]

If a man rapist gets 30 years it's no big deal? The 30 years is appropriate. It's what women wanted.

 

[EagleSmack]

If a man rapist gets 30 years it's no big deal? The 30 years is appropriate. It's what women wanted.

That's right Petros. However when women rape it's different.

 

[petros]

That's right Petros. However when women rape it's different.

Yeah it is and the guy always wanted it because men are all sex freaks.

 

[TenPenny]

Send her back to the US. 'Cruel and unusual punishment' is what Canada will suffer if we have to tolerate this loser.

If you do the crime, you've go to do the time.

She was an adult who had sex with an underage (in that jurisdiction) person. End of story.

 

[Unforgiven]

Keep the American pedophiles in America.

 

[CDNBear]

How come this woman is a criminal, but the pedo cougars at Beiber concert are honky dory?

 

[SLM]

How come this woman is a criminal, but the pedo cougars at Beiber concert are honky dory?

Who says it's hunky dory? Middle aged women at a Bieber concert or those "Twi-Moms" are, in my opinion, as sad as the stereotype of the middle aged man going through a mid-life crisis who suddenly develops an taste for hip-hop music and buys a flashy new convertible.

Like the woman in the article, I am a 43 year old woman. I look at a 16 year old and I see a boy. Hell, I look at a lot of 20 year olds, and I see boys, lol. So I really don't get what she did, don't get the sexual attraction there at all. But I don't consider it pedophilia, it's statutory rape.

 

[TenPenny]

Do adult women have sex with Beiber at his concerts?

 

[CDNBear]

But I don't consider it pedophilia, it's statutory rape.

Bingo!

Do adult women have sex with Beiber at his concerts?

Do adult men have sex with Mily Sirus?

No, but one is acceptable, while the other abhorrent.

 

[taxslave]

Would it be considered excessive if the purp was male and the victim a female? I think not.

Only 16 years old!

Deport, and let her serve her sentence.

Yea, I was almost 18 before I bagged my first cougar.

Isn't living in Saskatchewan punishment enough?

 

[SLM]

Bingo!

Do adult men have sex with Mily Sirus?

No, but one is acceptable, while the other abhorrent.

The acceptablity of one vs the other is really just about societal stereotypes really. Male sexual activity is generally viewed completely differently than female sexual activity. Which never made a whole hell of a lot of sense to me. Unless one is engaging in activity with the same sex then it still takes two to tango. How can the exact same activity be right for one participant but wrong for the other?

A 16 year old is sexually mature, having gone through puberty, but male or female, definitely not adult. So, to my way of thinking, sexual activity or attraction between a 16 yr old and a 40 yr old speaks more to the immaturity of the older individual. But that's my personal view.

The classification of statutory rape is random, it depends on the jurisdiction. It's more an issue of a technicality. If you substitute the age of the older individual, from 43 to say 19, it completely changes the scenario. But the "crime", at least in Florida, would be the same.