Most Reliable Toronto’s Lawyers, Specializing In Intimate Images Defence
Count on our experienced legal defence attorneys for representation in cases involving intimate images charges.– We have a history of achieving successful outcomes for our clients.
What Are Considered Intimate Images?
According to Section 162.1 (1) of the Canadian Criminal Code, an intimate image refers to anything, a photo, video recording, or other visual representation that depicts a person in an undressed, nude(exposing private body parts) state or is involved in any sexual activity.
Intimate images are categorized as requiring privacy and are not meant for the public eye. Publishing, sharing, or transmitting intimate pictures without the consent of the individual depicted comes under privacy invasion and can result in severe consequences.
If you believe you have a similar case, call Kazandji Law Firm for a case review and let our expert lawyers take care of the rest.
What Are The Consequences Of Publishing Intimate Images Without Consent?
Facing allegations regarding intimate images is a severe thing in terms of criminal law and cyberbullying. It’s simply not a game to play yourself.
Until 2014, there was no such law regarding the protection of Canadians against internet crimes. However, since March 2015, sharing intimate images of a person without their consent has been considered a sexual assault-related “criminal offense” in Canada. That’s huge.
Anyone found guilty of the charge can be imprisoned for up to 5 years maximum, but if the depicted subject is a minor (below 18), get ready for a bonus of 14 years behind bars.
A conviction for publishing an intimate image can also drastically impact your reputation and future employment opportunities.
According to the Criminal Code of Canada, publishing intimate photos can be charged as an indictable or summary offense.
The maximum penalty for an indictment conviction is five years in jail. Charged with summary conviction, the maximum penalty is two years in prison, a $5,000 fine, or both, depending on the seriousness of the matter.
What Are The Possible Defences For Intimate Photos’ Transmission Allegations?
Don’t freak out if law enforcement unexpectedly approaches you about an intimate image you had no involvement in. Our qualified legal defence attorneys are ready to offer expert advice and assistance throughout this challenging period.
Several potential defences may be available for you in that situation. For instance,
Someone Might be Framing You :
Someone other than you had access to your gadget/s. This can include your wife, girlfriend, friend(s), ex, your offspring, or maybe a third party trying to frame you for a sexual assault you never committed.
Unintentional Sharing of Images :
The second possible defence can be that you accidentally or unintentionally posted the images.
Let’s say you sent multiple files to someone and accidentally added what caused you all this mess or had some cloud storage mishap; this defence can undoubtedly save you from being convicted under Criminal law.
Shared for the Good of Public :
Another defence might be available for you if you shared the photos for the benefit of the public, i.e. it had no other purpose but for the public’s good. Our lawyers do not usually prefer this defence because of its little chance of success.
The Images May not Actually be Intimate :
If the image(s) do not fall under the “intimate image” category, your charges may be dropped for the simple fact that the image(s) are not intimate in the first place.
Your Action was consented :
If the victim consented but then felt terrible or regretted the decision and backed off, it can be a positive point for you if you can prove that you had their consent. However, if the depicted individual disagreed with the publication before it occurred, but you did it anyway, it would weaken your case.
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What Is The Punishment For Publishing Intimate Images?
In addition to 5 years in prison and the fine penalty, publishing the intimate images of a person without their consent can prohibit your access to the internet or any other digital networks for the rest of your life.
Is Being Reckless To Whether Or Not That Person Gave Consent, Guilty?
The exact text from section 16. (1) of the Canadian Criminal law states that,
“Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty of either an indictable or summary conviction.”
So yes, If you never had a sure consent from the individual in the first place, face the music for it.
