Kris Allan Gowdy

HIV-positive man's sentence for child luring reduced over charter violation

KRIS ALLAN GOWDY, 42, OF NEWCASTLE, IS ACCUSED OF INTERNET LURING AND ATTEMPTED AGGRAVATED ASSAULT AFTER HE ALLEGEDLY ATTEMPTING TO MEET AND HAVE SEX WITH A TEENAGE BOY WHO WAS ACTUALLY AN UNDERCOVER DURHAM REGIONAL POLICE OFFICER.

Credits: PHOTO SUPPLIED BY DURHAM REGIONAL POLICE

MARYAM SHAH | QMI AGENCY

OSHAWA, Ontario – A man convicted of Internet child luring got a reduced sentence because police violated his charter rights, his lawyer said Friday.

Kris Allan Gowdy was arrested in 2012 for luring a 15-year-old boy over the Internet after a cop posed as a 15-year-old boy online and replied to Gowdy’s post looking for oral sex with “under 35, jocks, college guys, skaters young married guy.”

Police searched his vehicle and found documents indicating his HIV-positive status. Police sent out a media release detailing his charges and medical information.

The arrest meant his sexual orientation and his HIV status – facts he kept hidden for years – were ultimately revealed to his family and his church.

“All of my skeletons were brought out by the police,” Gowdy said.

Justice Michael Block ruled that revealing Gowdy’s HIV status in a media release — a decision made by Det. Randy Norton — violated his Section 7 Charter rights.

“The publication of Mr. Gowdy’s HIV status in the media release was unlawful,” Block said.

Gowdy received a conditional sentence Friday, below the one-year mandatory minimum: house arrest for two years less a day, with a three-year probation. He will be a registered sex offender for 20 years.

Defence lawyer Rohan Robinson called the judgment “significant.”

Gowdy said he accepts that what he did was “foolish, sinful,” and “inappropriate,” but his view of the police has changed drastically.

“It speaks to their disfunction, their disregard, their cavalierness in upholding the charter rights,” he said.

Robinson said they complained to the Office of the Independent Police Review Director but were dismissed.

Durham Regional Police did not respond to a request for comment on this story.

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Provided by the Sexual Abuse Network of Canada