Distribution of Intimate Images

If you have been charged with the distribution of intimate images without consent in Edmonton, it is crucial to seek legal representation from an experienced criminal defence lawyer like Geoff Green.

With over 25 years of experience in criminal law, Geoff has successfully defended clients accused of privacy-related offences, including the unlawful distribution of intimate or private images. His deep knowledge of Canadian law and his commitment to protecting his clients’ rights make him a leading choice for anyone facing these serious charges.

What is the Distribution of Intimate Images Without Permission?

The distribution of intimate or private images without permission is a criminal offence under Section 162.1 of the Criminal Code of Canada. This law was enacted to address the growing problem of individuals sharing confidential and personal images, often online, without the subject’s permission.

The offence occurs when someone knowingly distributes, publishes, or makes available an intimate or private image of another person without their consent.

An intimate or sensitive image typically refers to photos or videos in which a person is nude, partially nude, or engaged in sexual activity where there is a reasonable expectation of privacy. This expectation of privacy exists when the image is initially shared in a private setting, such as within a relationship, and the individual does not consent to its broader distribution.

Legal Consequences of Distributing Intimate Images Without Consent

The consequences for distributing these types of images without permission are severe and can include imprisonment, fines, and a permanent criminal record.

Depending on the circumstances of the case, the Crown may prosecute the offence as a summary conviction or an indictable offence. For a summary conviction, the penalties include up to 2 years less a day in prison and/or fines. If prosecuted as an indictable offence, the penalty can be as severe as five years in prison.

In addition to criminal penalties, conviction can have long-term effects on a person’s life, including difficulties finding employment, damage to personal relationships, and inclusion on the National Sex Offender Registry in certain cases. A conviction can also result in civil lawsuits where victims seek damages for emotional distress, reputational harm, and invasion of privacy.

Defending Against Charges of Distributing Intimate Images

Geoff Green has extensive experience defending individuals accused of distributing private pictures without permission, and he understands the unique challenges these cases present.

Successfully defending against these charges often requires a careful examination of the intent behind the distribution, the nature of the image, and the existence (or lack) of consent.

Some potential defences may include:

• Consent: If the alleged victim gave their explicit or implied permission to the distribution of a private photograph, this may form the basis of a defence. However, the law recognizes that consent must be clear and informed, and Geoff will thoroughly investigate the circumstances surrounding the case to determine if consent was present.
• Expectation of Privacy: The Crown must prove that the person in the image had a reasonable expectation of privacy when the image was taken or shared. Geoff will explore whether this expectation was clearly established or if circumstances suggest otherwise.
• Lack of Knowledge: The law requires that the accused knowingly distributed the image without permission. If there is evidence that the accused was unaware the image was shared or lacked the intent to distribute it non-consensually, this may weaken the Crown’s case.
• Public Good: Section 163 (3) of the Criminal Code of Canada, commonly referred to as the “public good” defence, aims to balance freedom of expression with the need to protect vulnerable members of society from harmful and exploitative material. The public good is a defence to s.162.1 if the Criminal Code of Canada.

Having a knowledgeable criminal defence lawyer like Geoff Green by your side is essential when navigating these complex legal issues. He will challenge the evidence, protect your rights, and ensure that any violation of your rights during the investigation is addressed in court.

Understanding Consent and the Law

Consent plays a crucial role in cases involving the distribution of confidential images, and the law takes a strict approach to ensure that individual’s privacy is respected.

Consent must be clear and explicit and cannot be implied simply because the image was shared privately with a partner or acquaintance. Live-Streaming is an offence as the image need not be permanent.

The Criminal Code emphasizes that the non-consensual distribution of intimate images is an offence, even if the image was originally shared in a consensual manner between the two parties. For example, private, sensitive photos shared between romantic partners may be later distributed without permission after the relationship ends, which is a clear violation of the law.

In cases where implied consent is argued, the courts will closely examine the circumstances under which the image was shared. This includes assessing whether there was a mutual understanding about the use and distribution of the image. Geoff Green’s experience with privacy laws and consent-related issues ensures that your case will be thoroughly examined, with all aspects of consent considered during your defence.

Related Offences: Voyeurism and Extortion

In some cases, charges related to the distribution of private images may coincide with other offences, such as voyeurism or extortion.

Voyeurism involves secretly observing or recording a person in a situation where they have a reasonable expectation of privacy, such as in a bathroom or bedroom, often for a sexual purpose. Extortion occurs when someone threatens to release these images or videos unless the victim meets certain demands, often financial.

These related charges can significantly increase the severity of the case, potentially leading to longer prison sentences and greater reputational harm. Geoff Green is well-versed in handling complex criminal cases involving multiple charges and will work diligently to mount the strongest possible defence against each accusation.

The Impact on Victims of Non-Consensual Distribution

The non-consensual distribution of private images can have devastating emotional and psychological effects on victims.

Many victims experience trauma, anxiety, and depression as a result of their privacy being violated in such a public and humiliating way.

In some cases, victims may also face online harassment, bullying, or extortion after their images are distributed without their consent.

Canadian law protects victims by holding those responsible for these violations accountable. Victims may also pursue civil actions for damages, seeking compensation for emotional distress, loss of reputation, and other harm caused by the unlawful distribution.

If you are a victim of the non-consensual distribution of personal images, it is important to know that the law is on your side and that you have legal options to seek justice. Geoff Green can provide guidance and legal advice on proceeding if you wish to explore your legal rights in a civil lawsuit.

Frequently Asked Questions about the Distribution of Sensitive Images

What legal actions can I take if someone threatens to share my private pictures without consent?

In Alberta, it is a criminal offence under the Criminal Code to share or threaten to share private images of someone without their consent. You can report this to the police, and the person responsible may face criminal charges. Additionally, you could pursue a civil claim for the tort of public disclosure of private facts, which covers situations where private information is shared without permission.

Can I sue someone for sharing an explicit photo of me without my consent, even if they were taken with my permission?

Yes, even if the images were taken initially with your consent, distributing them without your permission is illegal under both criminal and civil laws in Alberta. You may pursue criminal charges for the non-consensual distribution of sensitive images and file a civil lawsuit for damages, including emotional distress caused by the public disclosure of private facts.

How does Alberta law protect victims of non-consensual pornography?

Alberta law provides protection through both criminal and civil means. The Criminal Code makes it illegal to share intimate and sensitive images without your approval, and those convicted may face serious penalties. Victims can also pursue civil claims for emotional harm and financial losses caused by the sharing of these images, and injunctions may be sought to prevent further distribution.

Is consent to sharing intimate images required each time, or does initial consent apply indefinitely?

Consent to share intimate images must be given each time someone wishes to distribute them. Initial consent to take or possess the images does not imply consent for future distribution. Under Canadian criminal law, distributing sensitive photos without ongoing and explicit consent is considered a serious criminal offence.

What should I do if someone has already shared my pictures without my permission?

If your pictures have been shared without your consent, contact the police immediately, as this is a criminal offence. You may also consult a lawyer to explore civil claims for compensation under Alberta’s tort of public disclosure of private facts. You can request an injunction to stop further sharing and possibly recover damages for emotional and reputational harm.

Can I stop someone from using threats to distribute my pictures in family law proceedings?

Yes, threats to distribute these types of images in the context of family law disputes, such as divorce or custody battles, can be addressed in court. The person making the threats may face both criminal charges and civil consequences, including restraining orders or other legal remedies aimed at protecting you from further harassment or blackmail.

The Importance of Early Legal Advice

If you have been charged with distributing intimate images without permission, it is critical to seek legal advice as soon as possible. Early intervention by an experienced criminal defence lawyer like Geoff Green can make a significant difference in the outcome of your case. Geoff will assess the charges against you, review the evidence, and develop a legal strategy tailored to your specific situation.

In these cases, the stakes are high, and a free initial consultation with Geoff is an important opportunity to discuss the details of your case and understand your legal options. He will explain the potential defences available and provide a clear plan for moving forward, ensuring that your rights are protected throughout the legal process.

Contact Geoff Green for a Free Consultation

If you are facing charges for distributing intimate images without consent in Edmonton, contact Geoff Green today for a free consultation.

Geoff has over 25 years of experience in defending clients against criminal offences, including privacy-related charges like the non-consensual distribution of sensitive images. He is committed to providing a strong and effective defence, protecting your rights, and working towards the best possible outcome for your case.

Take the first step towards protecting your rights and securing your future by contacting Geoff Green to schedule your consultation.