SELECTED CASE LAW

ONTARIO:

2016 ONSC 6585

In 2016 ONSC 6585, Mr. T was a 42-year-old teacher in an 18 month long romantic relationship with the victim. They would talk over Skype and the victim would occasionally pose nude for Mr. T, which Mr. T took screen shots of. She did not consent to him taking screen shots of her. A fake account later sent a series of seven emails with these pictures to her family, friends, co-workers and her new partner, suggesting she and her new partner were looking to include new sexual partners in their relationship. The victim was negatively impacted by this, the court stated:

The victim indicates that she was humiliated, shocked and confused by the defendant’s actions. Her sleep patterns have been seriously disrupted, she has been diagnosed with PTSD, anxiety and depression and has resorted to alcohol to cope. The victim describes herself as suffering from low self-esteem and has considered suicide.

The victim has experienced setbacks in her teaching career and anticipates that her career aspirations will be limited as a result of what has occurred.[1]

Mr. T was convicted of voyeurism but acquitted of the non-consensual distribution of intimate images because it was not proven beyond a reasonable doubt that he was the one to set up the fake account and distribute the images. He was sentenced to 12 months probation and 50 hours of community service, as well as a no contact order with the victim and another individual.


[1] At para 14-15.

Criminal Offence(s): Voyeurism