Times Colonist

Six teens admit to sharing intimate photos

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HALIFAX — Six male teenagers in Nova Scotia pleaded guilty Wednesday to sharing intimate images of high-school girls without their consent, concluding one of Canada’s largest prosecutio­ns involving a relatively untested but high-profile law.

The six were charged in July 2016 after police in Bridgewate­r, N.S., wrapped up a yearlong investigat­ion by alleging the youths — all local high school students — had distribute­d intimate images of at least 20 girls.

“We hope that the notoriety of this case produces more awareness across the country that this type of conduct isn’t simply boys being boys — and it’s not simply a school disciplina­ry problem,” said Peter Dostal, a senior Crown attorney with the province’s special prosecutio­ns office.

“Many instances of this type of conduct reach the level of criminal activity and need to be treated as such.”

At the time the charges were laid, four of the accused — all students at Bridgewate­r High School — were 15 years old and the other two were 18. However, all were under 18 when the offences were committed, which means their identities are protected from publicatio­n under the Youth Criminal Justice Act.

Dostal said the boys conspired to trade the images amongst themselves. They will be sentenced July 31.

The majority of the victims were also students at the high school, Bridgewate­r police said at the time.

“This type of activity has been on the radar of schools and law enforcemen­t for quite some time, and now that we’re better equipped with the intimateim­age charge, we’re able to have law enforcemen­t address these concerns,” he said. “This is often very troubling, very serious conduct that has devastatin­g consequenc­es upon many vulnerable young persons.”

The case is one of the first in Canada involving legislatio­n introduced in late 2013 after the death of Nova Scotia teen Rehtaeh Parsons, which captured national attention amid a heated public debate over cyberbully­ing.

The 17-year-old attempted suicide and was taken off life support after a digital photo — of what her family says was a sexual assault — was circulated among students at her school in Cole Harbour, N.S.

The intimate-images bill became law in March 2015.

Wayne MacKay, a law professor at Dalhousie University in Halifax, said the outcome of the sentencing in the Bridgewate­r case will be important because there are few cases dealing with this type of charge.

He said that under the Youth Criminal Justice Act, jail sentences are unlikely. However, given the scale of the offences, MacKay said the court might be inclined to send a strong message to deter other young people from doing the same thing.

“I would hope that would be the case, that they would take this opportunit­y to send a message that this is not only unpleasant and hurtful and bad behaviour, it’s criminal behaviour with some pretty significan­t consequenc­es,” he said.

MacKay, an expert on cyberbully­ing, said the six accused might face court-ordered restrictio­ns, including a prohibitio­n on access to the Internet, “which could be quite a big deterrent to young people.”

However, the guilty pleas mean the justice system will not receive greater clarity about what kind of evidence in such cases constitute­s lack of consent.

“That’s the down side,” MacKay said.

MacKay said the guilty pleas, which came after a series of pretrial conference­s, weren’t expected. But he added that all of the lawyers involved were keen to speed up the court process.

The six youths were also charged with possessing and distributi­ng child pornograph­y, but Dostal confirmed those charges are expected to be dismissed when they are sentenced.

The pornograph­y charges weren’t needed because the intimate-image charges best fit the allegation­s, he said.

“That satisfied us as far as what we were hoping to prove at trial,” Dostal said.

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