Can my spouse distribute sexual content without my permission?
- No. The publication of such material may lead to criminal charges and will seriously weaken the case of the person who published the material in family court.
Are there situations where sexual content be used in a divorce court case?
- Recordings even if they are explicit, may be used as evidence if they disclose serious misconduct by a parent, significant risk to a child’s safety or security, or a threat to another interest central to the need to do justice between the parties and child.
Damages for publication of sexual content: The Legal Test
To prove that someone breached your rights you will need to show:
- the fact published was related to an aspect of the individual’s private life;
- there was no consent to the publication;
- the publication is highly offensive to a reasonable person, and; d) the publication was not of legitimate concern to the public.
The Courts take these offences seriously
In these situations the Courts primary role is to diminish the damages caused by the breach of privacy. However, this is a difficult task because the Internet’s reach is unlimited, and once the content is posted online it is impossible to track everyone who had accessed, downloaded and/or saved it. The content may last forever, even if the post is removed. Therefore, the court also might grant monetary awards to the victims redress the victims who had their privacy violated.
Examples of Court Judgments
- Early cases in Canada awarded compensation for the intentional tort of public disclosure using the cap placed by the case Jones v Tsige, 2012 ONCA 32, which awarded an amount of $20,000 for an invasion of informational privacy regarding financial records.
- The cap above increased in the decisions of Jane Doe 464533 v. D.(N.) 2016 ONSC 541, which awarded $100,000 as damages for revenge porn due. The Judge compated revenge porn to a sexual assault and awarded $50,000 as general damages, plus $25,000 for breach of trust and an additional $25,000 as punitive damages since Defendant had no consideration to the impact of his actions on the Plaintiff’s life.
More Information
- Posting images/videos with sexual content without the individuals’ consent is illegal. Whoever has gone through this situation should seek legal assistance so judicial action might be taken. The courts may order monetary award for the victim and take steps to protect their identity. However, the power of the Internet and its global reach limits the courts powers to remove the contents. Therefore, governments should step in and create stronger regulatory frameworks. privacy regarding financial records.
- The cap above increased in the decisions of Jane Doe 464533 v. D.(N.) 2016 ONSC 541, which awarded $100,000 as damages for revenge porn due. The Judge compated revenge porn to a sexual assault and awarded $50,000 as general damages, plus $25,000 for breach of trust and an additional $25,000 as punitive damages since Defendant had no consideration to the impact of his actions on the Plaintiff’s life.
- In summary, the distribution without consent of explicit content is likely to weaken the distributor’s case in a Divorce proceedings. It shows that the distributor of the content is unreasonable. Additionally, if children are involved the distributor of the explicit content is prioritizing their needs over the children’s.
Discover More
We are here to Help
- Determining the admissibility and strength of evidence for the purposes of family litigation can be difficult. At Unified LLP our goal is to simplify the process and assist you through all the tough issues you might face in a family matter. Contact our office for assistance.
- If you are going through a separation and have concerns with respect to conflict in the home, or stability for your children, we may be able to help. Contact Unified LLP for more information or if you require assistance with a separation or divorce. Fill out the request below or call us at 416-639-7651.
