SELECTED CASE LAW
NEWFOUNDLAND & LABRADOR:
In 2018 CanLII 25580 (NLPC), Mr. G, a 25 year old man, was sentenced to eight months’ incarceration and three years’ probation after pleading guilty to uttering threats, the non-consensual distribution of intimate images, assaulting a peace officer, and a breach of recognizance.
After the breakdown of his relationship with Ms. X, he threatened to kill her, sent her text messages threatening to kill himself and her, released a video of her having sex with another man to another friend, was intoxicated when on recognizance not to possess or consume alcohol, and resisted arrest.
In regard to the offences against his ex-girlfriend, the court noted that:
[the non-consensual distribution of intimate images…] provides men who are unable to accept the end of a relationship with a new and frightening manner of harm-ing and humiliating their former female partners.
Offences involving violence and intimidation of women by their former male partners are regularly heard in the Provincial Court of this Province. Such crimes have been the subject of many studies and consultations, but little has changed. Our legal system has failed to recognize the extent of the violence that women who end relationships with their former male partners face. It has failed to acknowledge the reality that this violence can be deadly.[1]
Ms. X’s victim impact statement said:
I am more timid in relationships. I am more sensitive to anger from others than I use [sic] to be before this, even my family and friends. I was mortified and upset when I learned of the video being sent. I was terrified of where else the video was sent and also what he was saying to people about the video. I’m concerned about what he is capable of if he would go as far as to send a video out of me. I’m concerned he would say things to my daughter and about what he would expose her to. I feel he is very manipulative. I changed the locks on my door for fear he may come to the house. I can’t believe I was in a relationship with someone who could treat me like that. I used to worry and get upset about how I could allow someone to do that to me. However, I know now it was not my fault and I never was that person. I finally have been able to move on and I am now happy.
I am concerned that if there was ever any contact he may harm me or our daughter.[2]
The fact that the video had not been shared online, but only sent to a friend lessened the seriousness of the offence, however, the court noted that when images are shared the person who shares them loses control. Mr. M intended to intimidate and humiliate Ms. X and breached her privacy interests.
He was sentenced to 8 months’ imprisonment, and three years’ probation with conditions including a no contact order with the victim, not being near places where the victim lives or works, Mr. G must attend counselling, to provide a DNA sample, a weapons ban for 10 years, a ban from posting anything about Ms. X online, and to surrender any intimate photographs or videos he has of Ms. X to the RCMP.
[1] 2018 CanLII 25580 (NLPC) at para 1-2.
[2] 2018 CanLII 25580 (NLPC) at para 14.
Criminal Offence(s): Non-Consensual Sharing of Intimate Images