The Court of King’s Bench in Saskatchewan has ordered Daylan Heidel to pay his ex-partner $160,000, the largest sum ever awarded in a revenge porn case in Canada.
Revenge porn is described in the Criminal Code as “Publication, etc., of an intimate image without consent”
Between January 2015 and July 2019, Heidel uploaded nude photographs and sex videos of his ex-partners to pornography websites. He also shared his ex-partners’ names and personal details and encouraged others to repost. In 2019, Heidel plead guilty to the non-consensual distribution of intimate images and was initially sentenced to 18 months in jail before receiving an additional nine months of jail time that he served in the community.
One of the ex-partners who had their details and images shared sued Heidel under Saskatchewan’s “revenge porn” laws. The Judge found that Heidel’s actions inflicted mental distress and “intended to cause [her] harm.” Evidence presented included screenshots of images of his ex-partner on 10 pornographic websites. The ex-partner, whose identity is protected by a publication ban, gave evidence that Heidel’s actions caused her constant anxiety and fear.
In 2015, the federal government passed Bill C-13, which criminalized the non-consensual distribution of intimate images. Several other provinces, including Saskatchewan, followed suit by incorporating non-consensual distribution of intimate images into provincial legislation. The BC government announced in May 2021 that it was looking at options for similar legislation, but no further steps have been announced as of the time of writing. If introduced, provincial legislation could give people an alternative option to ensure that intimate images are removed from the internet and destroyed and create a process for holding perpetrators accountable and claiming compensation for the victims.
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If you share an intimate image of yourself with someone through email, a messaging app, or text, you have a right to privacy and to not have your image shared without your consent.