House arrest for man who texted naked photo of ex

A Niagara man who texted a naked photo of his estranged spouse to the woman’s employer after their three-year relationship came to an end has been placed under house arrest for the next 120 days after being convicted under Canada’s new revenge porn legislation.

“You abused the trust of your spouse,” Judge Joseph Nadel said Friday in an Ontario Court of Justice in St. Catharines.

“I am impressed that you are a productive member of society, but I am distressed that you were able to do something so mean and vindictive.”

“Social media is so powerful and so uncontrollable. Once something is disseminated, like gossip, it’s impossible to put it together again.”

The 32-year-old man, who cannot be named in order to protect the identity of the victim, was arrested July 4 and charged with distributing an intimate image.

The Criminal Code of Canada was amended recently to include violations under a new legislation designed to protect victims of revenge porn or cyberbullying.

Court was told the defendant texted at least one, possibly three, naked photos of his wife to the woman’s manager.

The intimate photographs were taken with the woman’s consent when they were still together as a couple.

“She finds herself confused and quite hurt by what has happened,” assistant Crown attorney Robert Mahler said of the victim.

Referring to a pre-sentence report prepared prior to sentencing, Mahler said the man acknowledged “he did something very stupid and not mature,” but added that he also placed some culpability on the victim.

Mahler asked the judge to consider a jail term of up to 30 days.

Defence counsel Wayne Brooks said a conditional sentence would be a more appropriate penalty against his client, who has no criminal record.

“I’m constantly shocked at the type of things people say in text messages,” the judge said before imposing the sentence. “Those conversations become almost eternal.”