Sharing sexual images without consent illegal in Canada since 2015. Recent case shows it's still a problem

WARNING: This article contains graphic content and may affect those who have experienced sexual violence or know someone affected by it.

In recent weeks, a former Western University student was sentenced in a London, Ont., court after pleading guilty to charges of sharing intimate images and video online without consent — actions that have been illegal in Canada since 2015.

The case, as well as statistics indicating the number of such incidents resulting in charges has grown since changes to the Criminal Code were made, point to a persistent and troubling culture, one researcher says. 

Charges were laid against the man following an incident at a Sigma Chi fraternity Halloween party in London in 2021. He was 19 and pledging to become a member of the fraternity.

Sigma Chi does not condone or permit the behaviour described in the case and is committed to holding all prospective or current members accountable for any such violations.- Michael Church, Sigma Chi's executive director

CBC News has decided not to name the man to protect the victim's identity, information that's under a court-ordered publication ban. 

In April 2023, he pleaded guilty to one count of voyeurism and one count of distributing intimate images without consent. 

The maximum sentence for sharing intimate videos without consent is five years. The Crown had sought a sentence of 12 to 18 months of incarceration followed by two years of probation.

On Feb. 20, the man, who has since moved from London, was sentenced to house arrest of two years less a day and must wear an electronic GPS monitoring device, followed by two years of probation. 

According to an agreed statement of facts, the man met an 18-year-old woman at the party. 

Court documents say the woman became intoxicated and was led into a concrete room. The two had sex and the woman ended it and went to find a friend to take her home, according to the documents.

"The Crown did not seek to prove a lack of consent and no such lack of consent was admitted by the accused."

When the woman returned to her residence, she was told by her friends that an 11-second video of her having sex had been shared with a Snapchat group called "pledge scum." On the video, the accused had superimposed the words "Jail Cell," which was the nickname for the concrete room. 

Judge notes 'devastating impact' on victims

Also according to the court documents, during the video, the man switched to the front-facing camera, capturing his face while having sex and laughing. 

They say the woman was not aware their actions were being captured on video and she did not consent to it being shot or shared.   

The court documents said the man went to the woman's residence later that night after hearing she was upset and expressed regret and deleted the video.

Police investigated, found the image on the man's phone and charged him. 

The woman said in her victim-impact statement that the incident had left her scared at who may have seen the video, and it had a "massive impact on both her mental health and physical well-being." She had to take a semester off from her studies and "has undergone significant counselling to try and assist her with the ongoing impacts of these offences."

In a statement to CBC News, Sigma Chi executive director Michael Church confirmed the man was pledging a prospective member at the time of the offence, but once they heard about his behaviour, the fraternity "promptly removed him from his status as a prospective member." 

Church said the man has had no association with the fraternity since the incident. 

"Sigma Chi does not condone or permit the behaviour described in the case and is committed to holding all prospective or current members accountable for any such violations," the statement said. 

In the sentencing document, Superior Court Justice P.J. Moore said offences of voyeurism and distribution of intimate images without consent are sexual and privacy offences, but "given that the majority of victims are women, they are also a form of gender-based violence." Moore also noted "the devastating impact these offences have on its victims."

Lawyer says man recognizes his actions

In 2015, Parliament amended Sect. 162 of the Criminal Code, making it an offence to record or distribute images or video of an intimate act without consent of every person who appears in the video. 

According to Statistics Canada figures, the number of such incidents reported to police and resulting in charges has grown since the law was passed by Parliament in 2015. 

In a statement to CBC News, the man's lawyer, Cassandra DeMelo, said her client "always accepted responsibility for his actions and began doing the work to better understand gender-based violence power imbalances and the importance of privacy."

She said he "understands the complete invasion of the victim's privacy, the long-lasting impacts on her life and the profound impact on her university experience and life."

DeMelo said her client always intended to plead guilty, continues to undergo counselling and "he is a low risk to ever commit an offence again." 

She also said the sentence "is an example of the system working." 

Call for provinces to do more

Suzie Dunn is an assistant law professor at Dalhousie University in Nova Scotia. Her research focus is technology-based violence.

She said many details of the London case are troubling. 

"The fact that they had this group chat with a derogatory name, the fact that there is a cement room called the Jail Cell that he took this woman to, then to title the film 'Jail Cell' — I think these are real signals to show the lack of respect for the sexual autonomy and real embedded misogyny with this group of people."  

Dunn said there remains a persistent culture among young men who are encouraged by peers to share videos and photos of their sexual encounters with no concern for the other person captured on camera.

Jessie Rodger is executive director at Anova, which operates two shelters for women in London and provides supports for victims of gender-based violence. 

Rodger said she receives weekly complaints from women who've had intimate videos shared — or threatened to have them shared — without their consent. 

"You can consent to be with somebody in an intimate space, but that doesn't automatically mean that you're consenting to being videotaped," she said. "It doesn't mean that you're consenting to having other people see it."

Dunn said Ontario could go further to protect women from unauthorized sharing of intimate videos, noting that other provinces have brought in specific laws.

She said B.C., for example, has set up a tribunal web page where victims can access an expedited legal process to remove intimate images from social media or websites. Also, a helpline is being developed "so that if you need direct support, you can actually call this helpline and they can help guide you through the process of removing images and also help you with some of the emotional trauma that you might be experiencing," she said.

For anyone who has been sexually assaulted, there is support available through crisis lines and local support services via this Government of Canada website or the Ending Violence Association of Canada database. ​​If you're in immediate danger or fear for your safety or that of others around you, please call 911.