Courtroom
This photo shows a view of the defendant's table in a courtroom closed due to budget cuts and layoffs, at the Stanley Mosk Courthouse in Los Angeles on March 16, 2009. Robyn Beck/AFP/Getty Images

A man was charged with child pornography in Canada after he bought a sex doll from a Japanese website that resembled a minor. The court heard closing arguments in the case Tuesday after the defendant claimed he purchased the doll with the intention of replacing it with his son, who died as an infant.

Six years ago, Kenneth Harrisson, 54, from Newfoundland, was charged with possessing child pornography and mailing obscene matter. He also faced two charges under the federal Customs Act of smuggling and possession of prohibited goods. It is the first case of child pornography in Canada that did not involve a human being. When presiding judge Mark Pike hands down his verdict May 21, it may set a precedent for similar cases going forward.

The sex doll was ordered by the defendant in 2013, but before it could reach his home, it was intercepted by the Canada Border Services Agency as the package arrived from a website that was on the agency’s watch list, the Canadian Broadcasting Corporation reported.

On Monday, Harrisson defended his choice of buying a three-dimensional doll, named Carol, that resembled a child. He said after googling the term "sex doll", he chose the particular model because the displayed photo of the product on the Japanese website showed a "male-like" face that most resembled his dead son, who would have been 25 years old if he was alive.

He added the fact that the doll in question was kneeling in a sexual position in the picture did not factor into his decision, as he did not buy it with the intention of having sex with it. “I did not order a sex doll of a childlike nature. The purpose I intended it for was to replace my deceased son, period,” Harrisson said.

However, the prosecutors counter-argued that Harrisson’s explanation of buying the doll because he felt lonely in the absence of his son did not “make any sense." They asked him why he hadn’t opted to get a dog instead. "A dog is not representative of a human," Harrisson answered, the Telegram reported.

He further said the doll "automatically" came with a cotton underwear, a makeup kit and pubic hair, as he did not recall ordering any of those items separately.

During the closing arguments Tuesday, Harrisson’s lawyers tried to cast doubt on their client’s knowledge that the doll he was ordering came in child-like proportions. They said the Japanese website the defendant ordered the product from was not reliable and hence, there was no way to know what size of doll their client meant to order.

Pike said the accused’s knowledge of the doll’s size will have a major impact on his final verdict of the case. “For your case to succeed you have to satisfy me beyond a reasonable doubt that he knew what he was ordering and he knew what he getting, and that it was child pornography," the judge told the prosecuting team.

The Canadian Criminal Code defines child pornography as "a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means" which shows “a person who is, or who the accused believes is, under the age of 18 years” engaging in sexual activity.

Forensic psychiatrist Dr. Peter Collins, an expert in sexually deviant behavior, told the court the doll met the Criminal Code criteria for child pornography because he believed pedophiles can sometimes be "incited" by imagery, including sex dolls.

However, there was no evidence to suggest that Harrisson was a pedophile, and he did not have a prior criminal record.