Florida mother who fled US after being convicted of having sex with teen boy is granted ASYLUM in Canada from 'cruel and unusual' 30-year prison sentence

Denise Harvey, 47, fled her home in Vero Beach, Florida, after she was convicted of having sex with her son's 16-year-old friend in 2010

She and her husband and son moved to Saskatchewan

She was granted asylum after claiming 30-year prison term amounted to 'cruel and unusual punishment'

A Florida mother who fled to Canada rather than face 30 years in jail for having sex with a 16-year-old boy has been told she has been granted asylum.

Denise Harvey has been told she will not be extradited back to the United States to serve her prison term.

The 47-year-old successfully argued that her sentence was 'cruel and unusual punishment,' according to The National Post.

Despite the Canadian government trying to kick her out of the country, an immigration appeals board granted her leave to stay.



Denise Harvey, 47, was convicted of five counts of unlawful sexual activity with a minor in 2008 for having sex with a 16-year-old friend of her son

The Canadian government had already appealed the decision once before and now appears to be out of legal options.

Immigration Minister Chris Alexander said that he found it 'mind-boggling' a U.S. citizen would apply for asylum in Canada.



'It is mind-boggling that individuals from the United States, which has been designated a safe country precisely because it respects human rights and does not normally produce refugees, think it is acceptable to file asylum claims in Canada,' he told CBC News.

Harvey will now be able to apply for Canadian citizenship.

Harvey claimed her pending 30-year prison sentence was 'cruel and unusual punishment'

Officials told the National Post that cases like this are rare - although three asylum claims were accepted from the United States in 2013 alone.



The married mother fled from her home in Florida in 2010 after being convicted of having sex with a 16-year-old who was friends with her teenage son.

She was sentenced to 30 years but while out on bail fled to Canada with her husband and family.

She was granted refugee status after saying she faced 'cruel and unusual punishment' from the lengthy prison sentence.

Canadian authorities agreed to allow her to stay ruling her actions would not constitute a crime if she had carried them out in Canada where the age of consent is 16.

The Federal Court of Canada reversed the decision and stripped her of the refugee status.

Prosecutors in Vero Beach, Florida were hopeful that Harvey would be sent back to serve her sentence.

But now the Federal Court in Canada has decided not to take any further action against Harvey - meaning she can continue the life she has made for herself in Saskatchewan.

Harvey, from Vero Beach, was convicted of having sex on multiple occasions with the boy she met at her son's baseball games in 2008.

She began flirting with him and the pair had sex on five occasions, including at the victim's home and in her office where she worked as a mortgage broker.

The victim's sister tipped off police after she once walked in on them having sex.

After police launched an investigation, Harvey was recorded telling the teen to lie to police and tried to blackmail his sister not to help authorities.

After being sentenced to 30 years in jail in 2010 Harvey appealed, and when that failed she fled.

She was arrested in the Canadian province of Saskatchewan in April 2011.

A lawyer for Harvey refused to comment.