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There was a time when couples who claimed their marriages couldn't be consummated were forced to prove they couldn't copulate in front of a jury. The B.

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A special prosecutor has urged British Columbia's Court of Appeal to overturn the acquittal of a polygamous leader who was accused of taking a year-old girl across the border for a sexual purpose. In Februarya B. Supreme Court judge concluded the Crown failed to prove James Oler arranged the transfer of the girl from Canada to the United States to marry another member of his fundamentalist sect.

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Jeffs told Oler to bring the girl to the U. A woman originally from Bountiful testified at the trial that she was 16 when she and two adults crossed the border into Idaho a day after Jeffs called Oler inWilson said. The trio stopped at a wooded rest area just off the highway, he said.

Wilson said the woman testified that a second van arrived containing Oler and the year-old girl Jeffs had ordered him to bring to the U. The woman who was 16 at the time and the two adults with her piled into the second van, Wilson said.

Marriage records show the year-old girl married a year-old man, with Jeffs performing the ceremony and Oler acting as a witness, the prosecutor argued. The trial judge acquitted Oler because he was not convinced Oler did anything within Canada's borders to arrange the girl's transfer.

There was no evidence confirming Oler's location when he received the phone call from Jeffs and no record of either Oler or the year-old girl crossing the border. The law against removing children for a sexual purpose is deed to protect youth who are taken to another country and subjected to an offence that would be a crime under Canadian law, he argued.

It therefore applies to Oler's actions in the U. Oler would have been convicted. Oler sat in the courtroom on Thursday.

He did not have a lawyer at the hearing, so an impartial adviser has been appointed to assist the court and provide balance. The adviser, Joe Doyle, disputed Wilson's interpretation of the law.

The section of the Criminal Code specifically applies to offenders who "remove" children from Canada, he said. Following the same trial that led to Oler's acquittal, the judge found Emily Ruth Gail Blackmore and her estranged husband Brandon Blackmore guilty of bringing a year-old girl to the U. Emily Blackmore, also known as Gail, is appealing her conviction and her lawyer told the appeal court on Wednesday that she likely didn't know about the planned marriage when she accompanied her husband on a trip to the U.

In a separate case, a B. Supreme Court judge found Oler guilty of polygamy last July for marrying five women and he'll be sentenced on that conviction next week.

British Columbia B. Crown says polygamous leader took year-old girl across border for sex A special prosecutor has urged British Columbia's Court of Appeal to overturn the acquittal of a polygamous leader who was accused of taking a year-old girl across the border for a sexual purpose.

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