Brandon woman wins revenge porn civil suit, awarded $60K in damages

A Brandon woman has been awarded $60,000 in damages by a Manitoba court after her intimate photos were distributed without her consent.

Brittany Roque launched her civil suit against another woman in 2017, in what became one of the first "revenge porn" cases to test new legislation in Manitoba.

In 2015, Roque sent intimate photos to Ryan Friesen, a police officer in Brandon with whom she had been having an affair, according to the Court of Queen's Bench judgment delivered Wednesday.

At the time, Friesen was in a relationship with another woman, Terri-Lyn Peters (whose name is spelled as Terry Lynn Peters in court documents).

Peters found the photos on Friesen's computer, made copies of them, and then distributed them to the Brandon Police Service, where Roque had applied to become a police officer in 2016, the judgment says.

Roque had been shortlisted for the job with the police service, but a staff sergeant told her police had been sent the intimate images of her.

She testified at trial that she was asked to withdraw her application in March 2017. She refused, and was eventually withdrawn from the competition for the job.

She launched her suit against Peters later that year. Peters, in turn, pursued a third-party claim against the City of Brandon for the role the city's police service played in obtaining the images.

In her decision, Justice Sandra Zinchuk ruled that Peters acted with malice, and that Roque did not consent in any way to having the photos distributed.

"I am unable to accept that Peters had no intention to harm Roque when she distributed the photos. In her testimony, Peters made every effort to minimize her liability," the decision said.

Zinchuk found Peters liable for non-consensual distribution under the Intimate Images Privacy Act, which came into effect in 2016, and a breach of privacy under the Privacy Act.

Peters and the City of Brandon are jointly liable for $45,000 in damages, and Peters is liable for $15,000 in aggravated damages, Zinchuk ruled.

Roque was unavailable for an interview, but a prepared statement from her lawyer said the decision "provides an important roadmap for other victims of revenge porn to seek vindication and compensation."

CBC contacted Peters's lawyer, who said they have no comment at this time.

'Taunting and vengeful' texts

Before being told to withdraw her job application, Roque ran into Peters for the first time at a Walmart in Brandon. Peters, who recognized Roque, introduced herself in an attempt to "mark my territory," she testified during the trial.

Roque testified that after that she later started to get text messages from a number she didn't recognize, which belonged to Peters. The messages threatened that the photos would be distributed.

"You put them out there. Now they're out there for the whole world to see," one message read.

In her testimony, Peters said that the purpose of the text messages was to provoke Roque into giving her information about the affair. 

"The texts are hostile, taunting and vengeful. They reflect Peters' true emotions at the time and I find that they were sent to cause anxiety and distress," Zinchuk wrote.

Peters argued she decided to send the photos to the Brandon Police Service because it was in the public's interest, as Roque was applying to become a police officer.

She suggested that Roque was not entitled to have the photos kept private during the police service's background investigation, used to determine a person's fitness to hold a public position of authority.

Peters, who previously worked for the police service as a civilian, referenced a document that Roque would have signed during the application process, waiving her right to seek reparations for information found during the investigation.

Zinchuk wrote that no reasonable person signing or presenting the waiver would believe that included giving the police service consent — expressed or implied — to distribute intimate images.

"There is no rational explanation for why any of the images needed to be provided to BPS in order to fully consider and assess her application," Zinchuk wrote.

Breach of privacy took emotional toll: plaintiff

Zinchuk wrote that during the process of the lawsuit making it to trial, Peters maintained that her actions were justified, and these proclamations further harmed Roque.

Roque gave emotional testimony, where she said the sharing of the photos had a serious toll on her mental and physical health.

In the three weeks following the incident, she lost 15 pounds and suffered from insomnia — at one point, being unable to sleep for 36 hours, she said.

She worried about how it would affect her future and her children. At one point, she said she thought about suicide.

While she acknowledges that she was able to move forward by becoming an officer with Rivers Police Service, getting married and starting a family, she wrote in a statement shared with CBC that she is still triggered and impacted by the events.

"I have always hoped that coming forward and telling my story would empower other victims of revenge porn to do the same," she wrote.

"I am proud to have played a part in establishing this legal precedent."