One year in jail, then probation, community service in revenge-porn case

“(The victim) said this was one of the hardest moments for her to experience because … people had seen a piece of her life that was meant to be forever private.”

– Judge Stephanie Whitecloud-Brass

An NWT Territorial Court judge threw the book at a man convicted of posting graphic sex videos of himself and his former girlfriend on a social media site in a case of so-called revenge porn.

In rejecting the man’s bid for house arrest, Judge Stephanie Whitecloud-Brass accepted the Crown’s request for a 12-month jail term, followed by 18 months of supervised probation and 60 hours of community service.

“(It) was a sexual offence, a privacy offence, gender-based violence, intimate-partner violence, and a breach of trust,” she said in a Wednesday sentencing hearing in Yellowknife, on the one count of publishing or transmitting intimate images without consent.

“I find his moral culpability or moral blameworthiness to be very high … including the fact that he did this to his intimate partner and (also for) his attitude during the trial.

“Although I can also appreciate that pleading guilty to this was something that he could not (bring himself to do), … all I can say is that this is why the trial process exists. He had his day in court, and he was convicted as charged.”

There is a publication ban on any details that could identify the victim. Whitecloud-Brass also placed a sealing order on the exhibits entered at the trial.

The court heard the man and woman met in May 2023 on the dating app Tinder.

They had a sexual relationship, that evolved into a part-time working relationship, and ultimately a dating relationship.

At one point, the victim agreed to create video content of their sexual activity.

However, the victim was “adamant” he couldn’t post any video online that would show her face or any distinguishable markings.

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The couple broke up in July 2024, but continued a non-romantic sexual relationship, the court heard.

The man posted two of the video recordings later that July after they had split up – in which either her face or distinct body markings could be seen – and they were up for 46 days on the X platform before the victim noticed them.

Said Judge Whitecloud-Brass: “It’s true that (the accused) eventually removed them from his account when asked to do so by the victim. But how can we know if anyone downloaded them or shared them with others?

“There is a peace of mind that the victim will never have in relation to this.

“She had to plead with (him) … to remove the first video, and then she had to deal with his manipulation in order to get him to remove the second video. I find this to be an extremely aggravating factor I’ve had to consider.”

During earlier sentencing arguments, the judge said the man had apologized to the victim.

The man had run a small company in the North, but he plans to return to his home province when released.

The victim and the offender’s relatives were in court for the sentencing. There were tears on both sides of the courtroom.

Before being led away by Sherriff’s officers, the man stood and handed over his personal belongings from his pockets to a relative.