A provincial court judge has decided that a Colwood man who published intimate images of his ex-wife won’t do any prison time.

In 2011, a man identified as ‘Mr. B’ took intimate photos of a woman identified as ‘Ms. B’ with her consent while the two were on their honeymoon. In 2012, the victim asked Mr. B to delete the images and he told her, falsely, that he had done so.

When they separated in 2018, Ms. B entered a relationship with a new man, referred to in court documents as Mr. S.

An online argument between Mr. B and Mr. S resulted in Mr. B sending Mr. S an intimate photo of Ms. B with an explicit message attached. Ms. B’s face was clearly visible, court documents say. When Mr. S showed Ms. B the photo, she complained to police.

When he was questioned, Mr. B immediately admitted to sending the photograph, apologized and deleted it. He entered a guilty plea at that time.

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In his decision, Provincial Court Judge Ted Gouge wrote that Mr. B took responsibility for the offence at a sentencing hearing, but many of his comments were “directed to his own situation” and a desire to “put this incident behind him.”

“I fear that he does not fully appreciate the impact of his offence upon the victim,” Gouge wrote.

The victim has concerns about the impact of the images on her career, the judge noted, a concern exacerbated by he fact that Mr. B lied to her about deleting them in 2012. Ms. B also reported that her ability to participate fully in new intimate relationships was negatively impacted by the Mr. B’s actions.

“If my husband, who promised to love and care for me, can do this a year after our separation, what is anyone else capable of?” she said, according to court documents.

Crown counsel sought a 45 to 90 day jail sentence but the judge determined that a 180-day conditional sentence followed by one year’s probation was appropriate. The conditional sentence does not include jail time but includes a curfew and limited communication with Ms. B.

All identities involved in the incident are sealed by a publication ban in order to protect the victim.

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