House arrest revoked in favour of jail for child luring

Manitoba’s highest court has struck down a house arrest sentence for a man busted in an undercover police sting that targeted sex predators, and replaced it with a sentence of 18 months in jail.

Ryan Arac, 36, pleaded guilty to child luring and was sentenced by a provincial court judge last year to two years less a day of house arrest.

In a written decision issued last month, the Court of Appeal of Manitoba ruled the sentencing judge erred in determining a conditional sentence served in the community would satisfy the sentencing principles of denunciation and deterrence.

“This error had a material impact on the sentence he imposed because it informed his conclusion that a conditional sentence was consistent with the fundamental purpose and principles of sentencing,” Justice Karen Simonsen wrote on behalf of the appeal court.

Court was told Arac, then 33, was on the Craigs-list website in 2022 when he met “Katie,” who identified herself as a 14-year-old girl. Katie was in reality an undercover officer with the Winnipeg Police Service’s counter-exploitation unit.

Arac, who told the officer he was 19, made repeated requests to meet her over the span of a week and offered to pay her $50 if he could touch her sexually and keep her underwear. A meeting was arranged and Arac was arrested.

A psychiatric report prepared for sentencing said Arac struggled with anxiety and depression as a result of some personal losses and social isolation related to the pandemic, leading to “risky sexual behaviour.”

“The accused acknowledged that for about three years prior to his arrest on the present charge, he began contacting individuals through internet advertisements to try to meet women, largely to satisfy an ongoing ‘underwear fetish,’” Simonsen said.

“He would often meet these individuals, pay them for their underwear and engage in sexual activity with them if they were willing.”

The report said Arac had a stable upbringing, no cognitive limitations and no history of substance abuse.

Simonsen said a conditional sentence was not proportionate to the seriousness of Arac’s crime, which involved “repeated contact of a sexual nature” and repeated attempts to overcome Katie’s “expressed apprehension.”

“There was deceit; not only did the accused lie about his age, he also suggested that Katie lie to her mother about where she was going to facilitate the meeting,” Simonsen said.

The appeal court credited Arac for time served under the conditional sentence order prior to it being suspended pending appeal, but denied his request that the remainder of his custodial sentence be stayed.

dean.pritchard@freepress.mb.ca