SELECTED CASE LAW
BRITISH COLUMBIA:
In 2014 BCPC 327, Mr. F, a 54-year-old man, broke into his former partner’s home and stole two iPads which contained sexually explicit photos and videos. Mr. F then distributed those intimate images to the victim’s coworkers and to her 23-year-old son. He also texted a nude image to his ex-wife and told her that everyone in her contact list had been sent that photo. He had also been texting her after she told him to stop, although that did not form a part of the criminal harassment charge. When a no contact order was in place, Mr. F hacked into his ex-wife’s email to send messages to her new email account.
Mr. F was a repeat offender. After separating from his previous wife in 2009, Mr. F sent 150 sexually explicit photos and four video clips to the woman’s new partner, posted intimate images on a website with the intention to humiliate his ex-wife, and threatened to send them to her friends, family and co-workers. He was convicted of criminal harassment in that case, 2009 BCPC 61, and sentenced to 18-months’ probation and a $500 fine. The court warned him that any future behaviour of this type would result in harsh consequences, but did not order that he not possess any pictures of videos of this type or restrain his computer use.
Mr. F pleaded guilty to criminal harassment, break and enter and theft, and breaches of a no contact order and was sentenced to 2-years less a day imprisonment followed by 3-years probation, additional orders included a no contact order with his ex-wife and her immediate family, an order to keep his distance from his ex-wife’s residence or workplace, a weapons prohibition, a DNA order, an internet and texting limitation where he is only permitted to use those things for work purposes and a requirement that he report any future intimate relationships to his parole officer, who would review his convictions with that person.
Noting his “bad habit … of doing this,”[1] the Court in the 2014 proceedings imposed a novel condition on F’s probation, writing that, “for three years after the release from custody I think it is highly appropriate and necessary for the protection of the community that before [F] en-gage in any intimate relationships that person needs to be notified of [his] pattern of behaviour.”[2] The Court further states, “Hopefully, steps can be taken, such as not taking these sexually explicit photos or videos and, therefore, not exposing themselves to the same kind of criminality which your two former spouses have experienced.”[3]
Also see: 2009 BCPC 61; 2009 BCPC 60
[1] 2014 BCPC 327 at para 67.
[2] 2014 BCPC 327 at para 67.
[3] 2014 BCPC 327 at para 67.
Criminal Offence(s): Criminal Harassment