CITING THE NEED TO SEND A CLEAR MESSAGE OF DETERRENCE, A JUDGE IN NEWFOUNDLAND HAS SENTENCED A MAN TO NINE MONTHS IN JAIL FOR THREATENING TO POST EXPLICIT PHOTOS OF AN EX-GIRLFRIEND ON FACEBOOK.
A Newfoundland man who threatened to post sexually explicit photos of an exgirlfriend on Facebook was sentenced to nine months in jail last week after a provincial court judge — citing the need to send a clear message of deterrence and denunciation — rejected the Crown’s suggestion of a lesser penalty.
Kyle Stephen Hunt, 22, pleaded guilty to extortion in a Corner Brook, N.L., court earlier this year. He was sentenced last Thursday. As part of his sentence, he was also ordered to stay off his victim’s Facebook page.
Hunt’s case marks the latest in a series of so-called “revenge porn” incidents to test the Canadian courts. It also highlights the changing nature of extortion in a world where one’s entire social network — including friends, family and colleagues — can be easily and quickly targeted online.
“We’re seeing much more of this, unfortunately,” said David Fraser, a Halifax privacy lawyer and expert on revenge porn. “The fact that the courts are dealing with it in a significant way and a punitive way (is important.)”
According to a ruling posted online Friday, Hunt threatened to release pictures of his ex-girlfriend — including nude photos and photos of the two of them engaged in sexual activities — after his ex ended the relationship.
“Mr. Hunt wanted her to indicate to her friends that they had not separated and were trying to work things out,” Justice Wayne Gorman wrote in his ruling. “Ms. X testified that she had already told her friends that she and Mr. Hunt had separated.” (The victim was not named in the ruling.)
When she didn’t immediately do as he asked, Hunt threatened to “blow (his) brains out,” Gorman wrote.
The victim eventually agreed to his demands “in order to prevent Mr. Hunt from harming himself and from posting the photographs,” Gorman wrote.
Hunt initially pleaded not guilty to the extortion charge. But after his victim testified in court, he changed his plea.
At the sentencing hearing, the Crown recommended a sentence of six months. Hunt’s lawyer, who could not be reached for comment Tuesday, argued for a punishment of between two and four months. Gorman rejected both suggestions, and in his ruling cited the clear harm suffered by the victim as one reason why.
In her victim impact statement, the woman cited the “substantial” emotional impact Hunt’s threats caused. “My mental health has deteriorated,” she wrote. She said she was constantly afraid of seeing Hunt or of him showing up at her school or work. “(I)t is very hard for me to feel safe.”
Gorman also specifically cited the magnifying effect of Facebook in his ruling.
“This modern day form of extortion is much different and more serious than older forms of extortion,” he wrote. “The sentencing for such offences must reflect the changes in the sharing of information and the impact upon victims. General deterrence and denunciation must be the primary principles of sentencing applied.”
For his part, Fraser said that, despite the publicity revenge porn cases often draw, many men have still not woken up to the gravity of the offence.
“The real impact of this on the victims is significant,” he said. “If you get punched in the face, your black eye will heal … psychological wounds don’t go away nearly as quickly.”
Hunt must stay away from the victim’s school and place of employment, stay off her Facebook page and refrain from posting anything about her or making comments about her on Facebook or any other social media site.