There is no doubt that the allegation of Distributing Intimate Images can be very damaging to a person’s reputation. If you are facing a charge of distributing intimate images in Toronto, it is essential to understand the law, your rights, and how to defend yourself. Only an experienced criminal defence lawyer can help you navigate these complexities with ease and confidence.
In this post, we will discuss the law of distributing intimate images, including the available defences, possible sentences, and the evidence the Crown may use in such cases. If you’ve been charged with this offence, we encourage you to read on and learn how we can help you fight for your rights and achieve the best possible outcome for your case.
It is essential to remember that if you are facing a distribute intimate images charge that you are presumed innocent until proven guilty. This means that the burden of proof is on the prosecution to prove the charge beyond any reasonable doubt. With a skilled criminal defence lawyer on your side, advocating for your rights, it may be possible to have the charges against you dropped altogether.
What Does The Law Say On Distributing Intimate Images In Canada?
The Criminal Code of Canada prohibits the distribution of intimate images without the consent of the person depicted in the image. Specifically, s. 162.1 of the Criminal Code makes it a criminal offence to distribute an intimate image of an individual without their consent.
This law applies to anyone who knowingly distributes an intimate image, regardless of their relationship to the individual depicted in the image.
What Is An Intimate Image?
The law defines an intimate image as any visual recording of a person made in circumstances that give rise to a reasonable expectation of privacy. This includes images of a person’s naked body or sexual activity. It is important to note that the law applies equally to images that were taken consensually, as well as those that were taken without the individual’s knowledge or
The exact definition found under Section 162.1 (2) of the Criminal Code, states an intimate image is:
A visual recording of a person made by any means, including a photographic, film or video recording,
- in which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity;
- in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy; and
- in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed.
What Are The Possible Sentences For Distributing Intimate Images?
The sentence imposed by a court for distributing intimate images without consent can be severe and will depend on the specific circumstances of the case, including the presence of any aggravating and mitigating circumstances.
For example, the age of the person depicted, the number and nature of the images, and the extent of the distribution will all be considered by the court in determining a fit sentence.
Additionally, the penalties for distributing intimate images can be more severe if the offender is found guilty of other related offences. For example, if the offender is found to have engaged in other harassing behaviour. The possible sentences include the following:
Prison
Although rarely imposed, the maximum sentence for distributing intimate images without consent is five (5) years in prison.
The actual sentence imposed by the judge may be less, depending on the specific circumstances of the case and the presence of any mitigating circumstances, including evidence that the actions of the accused were out of character, the absence of previous criminal history, a strong educational/work history; and the support of friends and family.
Suspended Sentence With Probation
A probation order requires the accused to comply with certain rules for a specified period (to a maximum of three years), such as reporting to a probation officer, staying away from certain people, not committing any other criminal offences, not consuming alcohol or drugs, and completing community service or counselling programs.
If the probation is completed, there are no further consequences. On the other hand, if a term of probation is violated, the accused could be charged with further the offence of failure to comply with probation.
Conditional Discharge
A discharge involves the court finding a defendant guilty of an offence but avoids the imposition of a criminal record. Although an Absolute Discharge is possible, the more likely result concerning the offence of distributing intimate images is a Conditional Discharge, which involves the imposition of a term of probation of up to three years.
A further benefit is that any record of the discharge is automatically removed from the police database three years after the end of the probation term.
Additional Court Orders
A Court can also impose the following orders:
- DNA Order: If someone is convicted of distributing intimate images, they may be required to provide a DNA sample to be included in a national database.
- Sex Offender Registry (SOIRA). In some cases, a person convicted of distributing intimate images may be required to register with the national sex offender registry. This order can have significant long-term consequences for the offender, as it can affect their ability to find employment and travel.
How Do I Fight A Charge Of Distributing Intimate Images?
Since each case is unique, the potential defences will vary from case to case. Your distributing intimate images lawyer should be able to analyze the circumstances of your case to identify the relevant issues and defences.
Some of the common defences include:
Consent
One of the most common defences in cases involving the distribution of intimate images is that the person depicted in the images consented to their distribution. For example, if the person willingly shared the images knowing they would be distributed, then that should be a complete defence to the charge.
No Intention To Distribute
Another possible defence is that the defendant had no intention of distributing the images. For example, if the images were accidentally shared, they may be able to argue that they didn’t have the necessary intent to be guilty of the offence.
Identity
Depending on the evidence, it may be argued that the Crown has failed to prove the persons responsible for distributing the image. For example, if the images were shared online anonymously or through an unidentified social media account, it could be argued that the identity of the responsible party was not established, which would necessarily lead to the finding of not guilty.
It is essential to remember that if you are facing a distribute intimate images charge that you are presumed innocent until proven guilty. This means that the burden of proof is on the prosecution to prove the charge beyond any reasonable doubt. With a skilled lawyer on your side, advocating for your rights, it may be possible to have the charges against you dropped altogether.
Read Also: Defending Your Rights In Toronto
What Kind Of Evidence Will The Crown Present?
The admissibility of evidence in a criminal case is subject to strict rules and procedures. A criminal defence lawyer can help challenge the admissibility of evidence that was obtained improperly or is otherwise inadmissible.
For example, if the police violated your rights, an application can be brought to exclude the evidence under the Charter of Rights and Freedoms. Additionally, your distribute intimate images lawyer can help develop a defence strategy that challenges the Crown’s evidence and argues for a favourable outcome in the case.
- Electronic Evidence: The Crown may obtain electronic evidence such as text messages, emails, social media posts, or any other online communication that contains intimate images. The Crown may also obtain evidence from devices, such as cell phones, computers, or tablets, that may contain the images.
- Witnesses: The Crown may call witnesses to testify about the circumstances surrounding the distribution of the intimate images. For example, a witness may testify that they received the images from the accused or saw the accused distributing the images online.
- Forensic Evidence: The Crown may use forensic evidence, such as fingerprints or DNA, to connect the accused to the distribution of intimate images.
- Expert Testimony: The Crown may call an expert witness, such as a computer forensics expert, to testify about the technology behind the distribution of intimate images.
- Confessions: If the Crown alleges an incriminating statement was made by the accused, an application can be brought to have such admissions excluded on the basis that the statement was involuntary or that your right to counsel was violated under s. 10(b) of the Charter of Rights.
Let Fedorowicz Law Handle Your Charges
At Fedorowicz Law, we understand the devastating impact a charge of distributing intimate images can have on your life. We understand the complexities and nuances of distributing intimate images cases. We have successfully represented clients facing similar charges, and are prepared to fight aggressively on your behalf.
We will thoroughly investigate the circumstances of your case, challenge the Crown’s evidence, and build a strong defence strategy tailored to your specific situation.
We leave no stone unturned in the defence of your case to ensure that your name and reputation are protected.
Contact us now.