S.F. was found guilty after a summary trial of distributing intimate imagery of his girlfriend, M.G., without her consent, contrary to s. 162.1(1) of the Criminal Code.
He uploaded two recordings of them engaging in sexual intercourse to Pornhub.
Although the recordings were consensual, their distribution was not.
The videos were discovered by friends of the complainant and subsequently removed from Pornhub, but copies remained in circulation.
The defendant apologized and expressed remorse, but the complainant suffered significant emotional and social impact.
The court considered aggravating factors (abuse of intimate partner and trust, significant victim impact) and mitigating factors (first offender, highly educated, immediate apology, no vindictive motivation, good rehabilitation prospects).
The Crown sought a five-month jail sentence and 18 months probation, while the defence sought a conditional discharge.
The court rejected both extremes, finding a conditional discharge too lenient given the absence of a guilty plea, and incarceration excessive for a first offender in these circumstances.
The court imposed a suspended sentence with 14 months probation, including conditions such as no contact with the victim, community service, and restrictions on possessing intimate images.
