Monday, June 09, 2014

Denise Harvey Granted Asylum in Canada - Updated

(Saskatchewan, Canada) Florida sex offender Denise Harvey, 46, has been granted protected person status in Canada.

In Florida, Harvey was convicted of unlawful sex with a 16-year-old boy and sentenced to 30 years in prison. She fled to Canada and asked for asylum before her sentence could be carried out. Harvey claimed that 30 years was cruel and unusual punishment.
Her request for protected person status was heard by the Immigration Review Board (IRB) in July of 2012 and the IRB granted her request because it agreed her sentence was indeed cruel and unusual punishment and the crime she was convicted of is not a crime in Canada.

Canadian law states that a 16-year-old can consent to sex with an adult unless the adult is a person of trust, such as a teacher, coach or boss.
So, it seems that a lengthy prison term is considered cruel and unusual punishment in Canada, eh?

Regarding the specific criminal offense, Harvey could have chosen a gluteal-load of countries where sex with minors is not a serious crime.

* * * * *

Denise Harvey Loses Refugee Status in Canada - Updated
[Previous 7/12/13 post]
(Saskatchewan, Canada)
A Florida woman must again make her case for refugee status in Canada after fleeing north of the border to avoid a 30-year prison sentence in the United States for having sex with a 16-year-old boy who was on her son’s baseball team

Denise Harvey, 47, came to Canada with her husband in 2010, before she could be sent to prison in Florida, and claimed refugee status saying she faced “cruel and unusual punishment” from the lengthy prison sentence after her convictions on five counts of unlawful sexual activity with a minor.

The Immigration and Refugee Board granted her asylum, ruling her actions would not constitute a crime if she had carried them out in Canada, a decision that was appealed to the Federal Court of Canada.

In a decision released Thursday, Justice Anne Mactavish granted the appeal, stripping Ms. Harvey of her refugee status for now, but allowing her a chance to again argue one element of her case.
The case continues.

* * * * *

Denise Harvey Seeks Refugee Status in Canada - Updated
[Previous 4/14/11 post]
(Pine Lake, Saskatchewan) Fugitive sex offender Denise Harvey has been found and arrested in a resort village about 20 miles south of Saskatoon.
Facing possible extradition for her crime and likely deportation for entering Canada illegally, Harvey claimed refugee status.

She was released into the community on a $5,000 bond Tuesday and her Saskatoon lawyer, Chris Veeman, said Harvey and her husband plan to continue living in their Pike Lake home while her refugee claim is evaluated.

The age of consent for sexual activity is 16 in Canada and some U.S. states, but is 18 in Florida. She is arguing the 30-year prison sentence she received amounts to “cruel and unusual punishment.”
Meanwhile, Denise Harvey's bail bondsman, Ron Barnett, is livid after forfeiting $150,000 to the court. Barnett accuses Canada of "sheltering" Harvey and claims she owes him $150,000.

* * * * *

Florida Woman Now a Fugitive in Sex Case - Updated
[Previous 3/9/11 post]
(Vero Beach, Florida) After her sentencing to 30 years in prison, Denise Harvey appealed her case and was released on bail.
The 4th District Court of Appeal denied her appeal in 2010, but it allowed her attorney to take one issue to the Florida Supreme Court.

Still, the district court on Feb. 11 said Harvey should turn herself in, court records show. The deadline was Feb. 25.

Investigators went to Harvey's last known address in Deltona, Fla., and found that she hasn't been living there and "hadn't been for months," Assistant State Attorney Nikki Robinson said Monday.

On March 1, a warrant was issued for her arrest. "We do not know where she is." Robinson said.
Harvey is now considered a fugitive from justice.

* * * * *

Florida Woman Gets 30 Years for Sex with Boy - Updated, bumped
[Previous 8/29/08 post]
(Vero Beach, Florida) Likely regretting that she passed on a plea bargain which would have sent her to prison for 11 years, 40-year-old Denise Harvey was sentenced yesterday to 30 years in prison by Circuit Judge Dan Vaughn.
Harvey "never acknowledged she had sex," with the teen, said Assistant State Attorney Lynn Sloan in calling for a strong sentence Thursday. "She continued to deny, deny."

Harvey didn't say a word while being led away to begin serving 30 years in state prison. Her private attorney, Robert Meadows, immediately filed for hearing to try to get her released from jail during an appeal. Vaughn said he'll schedule the hearing next week.
Harvey asked Judge Vaughn for mercy. Her lawyer asked for community control and no jail. Harvey's husband said she was just trying to counsel a troubled youth.

For conviction on five counts of sex with a minor with each carrying a 15-year sentence, Judge Vaughn mercifully allowed three 15-year terms to be served concurrent with two counts to be served consecutively.

In all candor, I'm somewhat surprised. It's not often that a female is given substantive punishment for child sex crimes.

* * * * *

Woman Accused of Unlawful Sex with Boy, Florida Woman Convicted of Sex with Boy
[Previous 4/22/06, 7/3/08 entries]
(Vero Beach, Florida) A 38-year-old business owner, Denise H. Harvey, was arrested on Friday by Indian River County Sheriff's Detectives for engaging in sex with a 16-year-old boy. The teen plays on her son's sports team. Harvey was charged with unlawful sexual activity with a minor.

Detectives were alerted of the relationship by school officials this past week and set up circumstances to record conversations between the woman and the boy. It's reported that investigators were doubly motivated to pursue the case since the "younger sister of the teen accidentally walked into a bedroom while the woman was engaged in sex with him." The boy wore a recording device during a meeting with Harvey in which she made references to their sexual relationship. Afterwards, she was arrested.

According to Sheriff's spokesman Deputy Jeff Luther, Harvey is not cooperating. The boy, however, said he would be willing to testify in court against Harvey. If convicted of the charges against her, Harvey faces a up to 15 years in prison.


[Update 05/10/06]

More charges have been filed against Denise Harvey (aka Denise Brooks). She now faces five counts of unlawful sex with a minor, each carrying a possible 15 years in prison.

Harvey is currently free on $50,000 bond and is scheduled to be arraigned on June 21.


[Update 7/3/08]

From TCPalm:
VERO BEACH -- Businesswoman Denise Harvey, 40, of Vero Beach just stared ahead as a jury's verdict was read Thursday -- she is guilty of having sex with a 16-year-old youth five times in 2006.

Then she simply handed a court bailiff her rings and was taken off to jail, pending sentencing Aug. 28. The maximum sentence for each of the five counts of sexual activity with a minor is 15 years in prison.

Outside the courtroom, the stepfather of the teen said, "I'm relieved it is over. It has been a long two years."
The jury deliberated a mere 90 minutes before convicting Harvey of engaging in sex with the boy four times at his stepfather's home and one time on the second floor of a bank building.

Defense attorney Robert Meadows said he intends to file an appeal.

Companion post at The Jawa Report.

4 comments:

Michael Goodfellow said...

I guess it's moot now. Canada granted Ms. Harvey refugee status.

She was duly convicted in an American court and, rather than appealing her conviction, ran from her punishment.

Michael said...

it was certainly a crule but not unusual punishment

Wireless.Phil said...

So now she teaches Jr. High school in Canada, right.

slwlion1 said...

She will fit right in with the other Canadian "Loonies"..

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