A 31-year-old Nanaimo man has been sentenced to nine months in jail for secretly photographing explicit images of two former girlfriends and posting them online.
The identities of the man and women cannot be revealed due to a publication ban, but he pleaded guilty to one count of publication of an intimate image without consent and two counts of secretly observing and recording nudity in a private place. He was sentenced by Judge Ronald Lamperson in provincial court in Nanaimo on Wednesday.
Lamperson, citing an agreed statement of facts, said the man dated the first victim for a few months in spring 2013, but the relationship ended.
After, she noticed her Facebook profile picture was that of her passed out, with her shirt up exposing her buttocks. The photo was also sent to four of her male friends. The man admitted to posting the picture because he was mad about the breakup.
Despite the first victim being angry, the two began dating again, though casually, between December 2013 to April 2014, said Lamperson. During that time, she consented to photos of her in her underwear, but none involving nudity. The man tried to take nude photos, but she objected to that and of being filmed during sexual activity.
In May 2016, the first victim was notified that her photos were on a pornographic website and after going to the site, she saw 34 photos of herself. She reported this to Nanaimo RCMP and told police she also found photos of the second victim.
The second victim began dating the man in spring 2014. While the second victim initially abused alcohol to the point she would pass out, she eventually stopped and focused on athletic pursuits. Lamperson said the man became angry because of “the reduced sexual activity.” The victim caught the man filming while they were having sex and told him to stop and told him he couldn’t film her without her permission.
The second victim’s sister was alerted by the first victim about the photos and videos on the X-rated website in May 2016. The second victim went to the site and saw up to 30 nude photographs of her when she was unconscious. One photo saw the man digitally penetrating her and the man had included vulgar and violent comments about raping and drugging her.
The second victim angrily confronted the man and demanded he delete all material. He said it was a mistake and files were deleted, but she didn’t believe him. The man was asked to leave a residence they had been sharing in June 2016.
After complaints by the two women, RCMP began an investigation in October 2017 and the man was arrested. Both victims confirmed images were taken and posted without their consent.
In a victim impact statement, the first victim said she “comatosed herself with alcohol” after the Facebook incident and said her control was completely taken from her and she was left feeling unable to trust herself and her intuition.
The second victim said she felt an overwhelming sense of shame and avoids personal relationships.
Lamperson sentenced the man to three-month consecutive jail sentences for each count.
In addition to prison time, the man will see a two-year probation period.
Brett Webber, Crown counsel, said he had no comment following Lamperson’s decision and Jeffrey Arndt, defence counsel, could not be reached for comment.
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