As a result, the purposeful exposing of sexual organs by an adult to a child will almost always be for a sexual purpose. Other inferences or conclusions can be drawn, but not based upon speculation or conjecture. Finally, it is important not to confuse motive with intention (see Dynar v. United States, 1997 CanLII 359 (SCC), [1997] 2 S.C.R. 462). An accused who purposely exposes his genital organs to a child may have many reasons for doing so, but none of them will lessen the inherently sexual nature of such an act. For instance, an accused person might expose his or her genital organs to a child as “joke”, but this would not lessen the sexual purpose of such an act.
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