Distribution of Intimate Images (Sentencing Cases)

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Case Digests

Case Name	Prv.	Crt.	Sentence	Summary
R v Fortin, 2020 QCCQ 311 (CanLII), per Tremblay J	QC	PC	Conditional Discharge
R v AB, 2020 QCCQ 260 (CanLII), per Galiatsatos J	QC	PC	4 months imprisonment (global) 2 months imprisonment (images) 1 months imprisonment (breach) 1 months imprisonment (breach)
R v BS, 2019 MBPC 26 (CanLII), per Thompson J	MB	PC	81 days imprisonment	The offender pleaded guilty harassment and distribution. "-The victim, a much younger woman, was dating the accused. They had various arguments. -After their break-up, the accused called and texted her over 80 times in a two-day period. Matters then escalated, with the accused using email and social media to contact her. -In that period, the accused sent intimate photos of the victim to her father. They included a nude image of the victim and two images of her performing sexual acts, including oral sex on the accused. -The victim’s summer was filled with anxiety and stress. Her relationship with her father was strained as a result of the accused’s breach of trust. It negatively affected her self-esteem and her ability to trust others, particularly in a dating relationship. -34 years old. -spent 57 days in addiction and mental health treatment. -diagnosed with ADHD and a major depressive disorder. -low risk for spousal assault reoffending. Low risk for future violence. -the accused’s cocaine and alcohol addictions were a contributing factor to his offence." [1] He got 39 days credit for remand.
R v Carrillo-Villagran, 2019 QCCQ 1732 (CanLII), per Durand J	QC	PC	Conditional Discharge 2 years probation	The offender pleaded guilty to distribution. "-The accused and the victim worked for the same company. -The accused emailed intimate photos of the victim to 7 of their co-workers. The email purported to be signed by the victim herself and offered sexual services. -The real identity of the sender was unknown until the accused confessed and apologized to the victim. He was then fired from his job. -When he sent the photos, the accused was heavily intoxicated. He barely remembered having done it. -The victim was devastated. She had to change jobs. She felt confusion, insecurity, frustration and anger. The incident also led her to alcohol and substance abuse. -“young man” [age not specified] -no prior convictions. -sincere remorse and guilt for his behaviour. -since the offence, the accused attended Alcoholics Anonymous meetings. -recently began counselling. -registered to complete his high school education. -his sister’s fiancé lived in the United States. He intended to travel there to visit them." [2]
R v MTB, 2019 BCPC 77 (CanLII), per Young J	BC	PC	5 months imprisonment (image) 3 months imprisonment (intimidation) 18 months probation	The offender was convicted at trial of harassment and distribution. "-During their 5-month relationship, the accused took a video of the victim performing oral sex on him. Her face was clearly visible in the video. -When the victim entered into another relationship, the accused posted the video on Facebook without the victim’s consent. -The accused also sent her a number of harassing and sexually inappropriate text messages which caused her to be fearful. -The impact on the victim was life-altering. Her friends and family witnessed the explicit video. She had to change jobs and continued to feel unsafe and guarded. -36 years old. -no prior convictions; one discharge for fraud dating back to when he was 18 years old. -father of a young son that he sees every three weeks pursuant to a Family Court order. -supportive family. -high school graduate with a positive work history. -diagnosed with anxiety disorder. -attended counselling for anger management and anxiety. -the accused did not accept responsibility for these offences. He continued to blame the victim." [3]
R v Lapointe, 2019 QCCQ 4523 (CanLII)	QC	PC	90 days imprisonment (images) 30 days imprisonment (threat) 2 years probation	The offender pleaded guilty to harassment, breach of undertaking and distribution. "-After the end of their tumultuous relationship, the accused sent the victim a text message threatening that he would publish a video of her performing oral sex on him. The video in question had been recorded with the victim’s consent, but in an intimate setting without any permission to share it with anyone. -The victim called the police, which in turn warned the accused not to publish the video. -Despite their warning, on the following day, the accused uploaded the video on the internet and informed the victim that she would “now see the power of the internet”. -The victim’s face was visible and recognizable. -The video was generally accessible to all on the internet. -The offence was motivated by vengeance. -The couple reconciled briefly in the following months, but broke up again. Then followed a period of constant messages by the accused, who did not accept that the relationship had ended. -no prior convictions. -supportive family. -educated, employed. -immature. -P.S.R. indicated that the risk of reoffending could not be eliminated. -expression of remorse did not appear to be sincere." [4]
R v JS, 2019 ABPC 134 (CanLII), per Keelaghan J	AB	PC	Suspended Sentence 2 years probation	The offender pleaded guilty to distribution. "-After having separated from his wife, the accused posted a nude photograph of her on a men’s chat group at his church. The photo depicted her sitting naked on the bed in a provocative position. It included the caption: “my wife is a liar and a cheater”. -The pastor took steps to have the photo removed. -40 years old. -prior convictions for mischief and failure to appear in court. -sincere remorse. -supportive family. -history of steady employment. -financially and emotionally supported his daughter." [5]
R v NN, 2019 ONCJ 512 (CanLII)	ON	PC	30 days imprisonment, 2 years probation	The offender pleaded guilty to distribution. "-The accused and the victim were in a relationship for over one year. In the course of the relationship, the victim voluntarily sent intimate photos and videos of herself to the accused without ever consenting that they be shared with anyone else. The photos showed her breasts and buttocks. -The victim’s face was covered in the photos. Nevertheless, it was still possible to recognize her. -One year after the relationship ended (and while the accused still owed the victim 3 000$), the accused posted the photos and videos to Snapchat and Instagram. He then took the files down, only to re-post them one month later. -The victim felt betrayed and cried for several months. She was recognized by multiple people and had been contacted accordingly. The offences disrupted her education, her social relationships. She was embarrassed, suffered anxiety, changed her work schedule in order to avoid fallout. -21 years old. -no prior convictions. -college student in business administration. -strong family support. -sincere remorse." [6]
R v JR, 2018 ONCJ 851 (CanLII)	ON	PC	60 days imprisonment (distrib) 8 months imprisonment (global)	The offender pleaded guilty to harassment, threats, and distribution. "-After 8 years of marriage, the accused and his wife separated. He accused her of infidelity. In the months following the separation, the accused repeatedly communicated with her by phone, email and text message. She made it clear to him that the communications were unwanted. -The content of the communications was threatening. The accused posted prejudicial comments on the victim’s employer’s Google page and even created a Twitter account using a pseudonym that he used to continue his messages. -The accused became obsessed with her. The police eventually determined that he was electronically monitoring her movements and was filming/recording her. -The accused created a page in the victim’s name on a prostitution website, offering sexual services. He listed her actual name and cell phone number. He also posted photos showing her engaged in explicit sexual activity. The photos had been taken with the victim’s consent during the relationship, but she had obviously not given her consent for the accused to share them or post them online. -42 years old. -no criminal record. -family support. -university graduate with a good employment history. Valued by his employer. -father of 2 young boys. Shared custody with the victim, their mother. -abused drugs during the commission of the offences. Was suicidal at one point. -since his arrest, attended detox and Narcotics Anonymous meetings. Sought counselling. -completed “exceptional” volunteer work over a five-month period. -sincere remorse." [7]
R v Greene, 2018 CanLII 25580 (NL PC), per Gorman J	NL	PC	8 months imprisonment	"The accused was a 25-year-old who had a minor, unrelated criminal record. He had been in a two-year relationship and shared a child with the victim at the time she broke up with him. He threated to kill her twice and sent her friend intimate video of the victim engaging in sexual intercourse with another man. He also pled guilty to two counts of uttering threats to kill the complainant, assault peace officer and breach of recognizance by drinking. The Crown proceeded summarily. On all charges, he was sentenced to a total of eight months jail and three years of supervised probation, including a five month jail sentence on the count of distributing an intimate image." [8]
R v McFarlane, 2018 MBCA 48 (CanLII), per Mainella JA	MB	CA	18 months imprisonment (global) 6 months imprisonment (images) 12 months imprisonment (extortion) 6 months imprisonment (voyeurism)	"The accused was 26-years-old with no criminal record. He pled guilty to voyeurism, extortion and distribution of an intimate image without consent and extortion. He surreptitiously videotaped a 17-year-old undressing and showering. He sent images to the victim and her sister when he attempted to extort sexually explicit material or activity from the victim by threating to disseminate intimate images of her. He did not otherwise publish the images. The accused was assessed as a very low risk for any future offending, but the Pre-Sentence Report was more negative and assessed him as a moderate-high risk based on a STATIC-99R profile for sexual offences. He was sentenced to twelve months imprisonment for extortion, six months concurrent for distribution of an intimate image and six months consecutive for voyeurism, for a total sentence of eighteen months. The Manitoba Court of Appeal upheld the combined sentence but re-allocated three months for voyeurism, fifteen months consecutive for extortion and six months concurrent for distribution of an intimate image."[9]
R v Haines-Matthews, 2018 ABPC 264 (CanLII), per Fradsham J	AB	PC	5 months imprisonment + 12 months probation	"-The 17-year-old victim met the accused through Facebook. They rented a hotel room and had sexual intercourse. The accused used his iPhone to record the sexual acts. The victim consented to the accused taking nude photographs of her as long as he did not distribute them. -The accused later sent the photos to his ex-girlfriend to make her angry. He then posted the video and 5 nude photos on Facebook and Instagram, using a fake account in the victim’s name. The account had 51 followers. -18 years old at the time of the offence. -youth criminal record including property offences, breaching conditions, assault causing bodily harm and uttering threats. -one conviction as an adult for breaching recognizance. -genuine remorse." [10]
R v JB, 2018 ONSC 4726 (CanLII), per Leach J	ON	SC	16 months CSO 3 years probation	"The accused and the victim were in an “on-and-off” relationship for 6 months. During the relationship, various nude photos of the victim were taken by the accused, with her consent. Shortly after their break-up, the accused published 5 intimate images of the victim on the internet. Purporting to be the victim, he created a Facebook profile in her name, using her photo. He then sent “friend requests” to her actual friends, which were accepted, thereby exposing her intimate images, in addition to photographs of her 9-year-old son. The offence was deliberate and calculated. By the time the offence was reported to the police, the photos had already been viewed by the victim’s employer, co-worker, family members and friends. A total of 96 people saw her photos. The consequences on the victim’s life were serious, profound and ongoing. She struggled with severe depression and insecurity. She lost trust in others. [the accused was] 27 years old at the time of the offence. [He wasa] high school drop-out. [He had a h]istory of employment in various fields. [There was an] extensive criminal record, including 2 convictions for criminal harassment, weapons offences, drug offences. [Included were] several prior convictions for failure to comply with conditions. [T]he accused was subject to stringent and restrictive bail conditions leading up to his sentencing" [11]
R v JS, 2018 ONCJ 82 (CanLII), per Ghosh J	ON	PC	18 months imprisonment, 3 years probation	"They were dating and agreed to occasionally video record their sexual activity. None of the videos were intended for public view. After a time she found the cameras unsettling and declined to participate in further recordings. Then she began finding hidden cameras. At one point she located on his laptop publicly posted videos of their sexual activity. Her name was tagged. She demanded that he fix it. He said that he would and, instead, continued to post videos of their sexual activity on a variety of online platforms. Then strangers began contacting her." Joint Submission. [12]
R v TD, 2018 ABPC 232 (CanLII), per Pharo J	AB	PC	3 months imprisonment 1 years probation	The offender pleaded guilty to distribution. "-After the victim broke off a three-year relationship with the accused, he became angry and posted intimate pictures of her on a public website. He also posted her full name. -In the pictures, the victim was only wearing her underwear. -The images were viewed by at least 7 000 people. The victim began receiving unsolicited messages on her Facebook account from strangers. -The offence was planned. -The victim was traumatized. It caused “the biggest struggle of her life”. She suffered from severe anxiety and depression, requiring counselling and medical help. She felt constant humiliation. Unable to trust anyone. Lost relationships with friends who saw the photos. -25 years old. -no prior convictions. -good record of employment in the restaurant business. -irrationally insecure, prone to depression. -sincere remorse. -favourable P.S.R." [13]
R v Calpito, 2017 ONCJ 129 (CanLII), per Harris J	ON	PC	Conditional Discharge 3 years probation	The offender plead guilty to distribution and breach of conditions. "-The accused and the victim were in a relationship for 3 years. -During the relationship, the victim sent the accused nude photos of herself and consented to him taking photos and videos of her naked. -None of the photos depicted any sexual acts. -The victim was alerted by friends and by her employer that they had received nude pictures of her through Instagram. She immediately recognized the photos as being those she had provided to the accused. -The accused acted for revenge purposes. He tried to extort the victim into speaking to him. -The impact on the victim was traumatic. She was deeply embarrassed and distrustful of people. She was horrified and disgusted at the thought that her employer and the members of her gym had all seen the photos. She added stress caused her to fail two university courses. -21 years old. -no prior convictions. -sincere remorse. -strong family support. -university student working two part-time jobs. -took full responsibility for his actions." [14]
R v AC, 2017 ONCJ 317 (CanLII), per Leach J	ON	PC	5 months imprisonment	"The male offender, a 32-year-old with no criminal record, was in a relationship with the female victim during the course of which, and with her consent, he took intimate videos and nude photographs of her. After the relationship ended, the offender, without consent, posted on three websites those videos and photographs together with derogatory comments. The victim’s name was posted with the images and her face was visible on some of the images."[15] [16]
R v Agoston, 2017 ONSC 3425 (CanLII), per Cornell J	ON	SC	Conditional Discharge, 12 months	"The accused plead guilty to one count of distributing an intimate image. A one-year conditional discharge was imposed. The daughter of a family friend sent him two images of herself that he shared with two co-workers before deleting them. He did not solicit the images from the complainant. There was no internet distribution. His pre-sentence report was very positive. The offence appeared to be an unplanned, momentary lapse in judgment. The Court determined that the distribution was extremely limited and fell on the less serious end of the spectrum of this offence." [17]
R v MR, 2017 ONCJ 943 (CanLII), per Felix J	ON	PC	5 months imprisonment (distrib) 4 months imprisonment (harass) 30 months probation	"-The accused and the victim were engaged. After the engagement was called off, the accused criminally harassed her using electronic communications. Many of the messages were nonsensical ramblings or observations, while others were disturbing threats or messages documenting how he was watching her. -The accused also distributed intimate photos of the victim to a wide variety of family and friends, both in Canada and overseas. -The photo distribution was premeditated and he took steps to avoid detection. He used an anonymising email service to distribute the photos on two separate occasions, more than one month apart. -The photos had been taken with the consent of the victim during their engagement. -The accused was motivated by a will to humiliate and harm the victim. -The crimes immeasurably impacted the victim’s life. -no prior convictions. -educated and articulate. -the son of immigrants who escaped civil war by coming to Canada. -close, loving and supportive family." [18]
R v Ly, [2016] O.J. No. 7196 (Ont.C.J.), per Shandler J	ON	PC	12 months imprisonment 2 years probation	The offender plead guilty to three counts of distribution. He had brief relationships with each of the three victims. He made videos of intimate activities involving the victims. Those videos were posted on a porn website after attempting to extort the victims. There was a devastating impact on the victims. He was 32 years old with no prior convictions. He was from an immigrant family who support him. He had a consistent history of employment and would lose his job with a conviction. He was diagnosed with an anxiety disorder and depression arising from the charges.
R v PSD, 2016 BCPC 400 (CanLII), per Sudeyko J	BC	PC	Suspended Sentence, 2 years probation	"The accused was 22-years-old. At the end of a two-day trial on more serious charges, he pled guilty to distributing an intimate image and once count of breaching his recognizance. The image was taken without the consent of the victim. The recognizance breach was a no-contact breach where the complaint either had agreed to contact or had initiated it. The Court emphasized the rashness of the taking of the images, which were quite blurry, making it difficult to identify the complainant. There was not widespread distribution; the accused sent them to two friends. .. After factoring that the accused had spent sixty days in custody and determining that a relatively low level of harm had occurred and the prospects for this youthful first offender were positive, the Court imposed a probationary sentence of two years, with protective relief." [19]