Federal Law 13: Publication of Intimate Images Without Consent PDF

www.opcva.ca Federal Law 13 Publication of Intimate Images without Consent Uttering Threats Criminal Harassment Version: BCT Federal Law | January 2022SL © Queen's Printer for Ontario, 2018 Objectives Be able to articulate the facts in issue for: • Publication of Intimate Image Without Consent...

www.opcva.ca Federal Law 13 Publication of Intimate Images without Consent Uttering Threats Criminal Harassment Version: BCT Federal Law | January 2022SL © Queen's Printer for Ontario, 2018 Objectives Be able to articulate the facts in issue for: • Publication of Intimate Image Without Consent • Uttering Threats • Criminal Harassment 2 Definitions Reckless: an indifference to the consequences of your actions or of your omissions Willful Blindness: deliberate failure to make a reasonable inquiry of wrongdoing despite suspicion or an awareness of the high probability of its existence. 3 Publication of Intimate Images without Consent s. 162.1(1) Everyone who knowingly • Publishes • Distributes • Transmits • Sells • Makes available • Advertises an intimate image Knowing/being reckless that the person in the image did not consent 4 Definition of Intimate Image s. 162.1(2) Means a visual recording – photographic, film, video recording • Person is nude, exposing genital organs or anal region or her breasts, or is engaged in explicit sexual activity • Circumstances that give rise to a reasonable expectation of privacy • Person depicted retains a reasonable expectation of privacy at the time the recording was done 5 Threatening S. 264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat (a) to cause death or bodily harm to any person; (b) to burn, destroy or damage real or personal property; or (c) to kill, poison or injure an animal or bird that is the property of any person. 6 Threatening S. 264.1 “In any manner” means to convey • Orally • In Writing • Gesture • Or by third party Knowingly utters, conveys or causes threat to be received 7 Threatening S. 264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat (a) to cause death or bodily harm to any person; (b) to burn, destroy or damage real or personal property; or (c) to kill, poison or injure an animal or bird that is the property of any person. 8 Threatening s. 264.1 • Person had to intend to utter the threat and for the threat to be intimidating and/or taken seriously • The uttering of the threat will be based on an objective standard of a reasonable person. That is a reasonable person, fully aware of the circumstances in which the words were uttered or conveyed would perceive them as a threat of death/bodily harm, burn…..etc. • The person that the threat was meant for does not have to be aware of the threat or if aware of the threat does not have to be intimidated by the threat (you do not need the person to fear). • The threats do not need to be conveyed to a particular person, can be conveyed to an identifiable group of persons. 9 Criminal Harassment Rationale of Law Criminal Harassment (or stalking) is a serious problem. Often Involves: • Obsessive and unpredictable behaviour on the part of the offender • Psychological trauma for victims • In some cases, victims at risk of bodily injury or death 10 Criminal Harassment Types of Offenders/Stalkers • Differing motivations • May be obsessive, unpredictable, and potentially violent • Some may have one or several psychiatric disorders • Techniques of harassment may vary with each type of case 11 Criminal Harassment Types of Victims • The majority of criminal harassment victims are former or current partners of the offender. • However, some victims have had no previous relationship with the offender: • Celebrities • Public/political figures • Ordinary citizens 12 Criminal Harassment Methods of Harassment • • • • • • • • Telephone calls Letters Verbal or physical threats Surveillance Photographing Vandalism Appearing at the victim’s workplace, school or home Emails/texts/social media 13 Criminal Harassment S. 264(1) C.C. No person shall, • without lawful authority and • knowing that another person is harassed or • recklessly as to whether the other person is harassed, • engage in conduct referred to in subsection (2) • that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them. 14 Criminal Harassment S. 264(2) C.C. Elements of Offence The conduct mentioned in subsection (1) consists of: a) Repeatedly follow from place to place the other person or anyone known to them b) Repeatedly communicating with, either directly or indirectly, the other person or anyone known to them c) Besetting or Watching the dwelling-house, or place where the other person, or anyone known to them resides, works, carries on business or happens to be d) Engaging in threatening conduct directed towards the other person or any member of their family 15 Criminal Harassment S. 264(2) C.C. Elements of Offence a) Repeatedly follow from place to place the other person or anyone known to them b) Repeatedly communicating with, either directly or indirectly, the other person or anyone known to them 16 Criminal Harassment S. 264(2) C.C. Elements of Offence c) Besetting or Watching the dwelling-house, or place where the other person, or anyone known to them resides, works, carries on business or happens to be d) Engaging in threatening conduct directed towards the other person or any member of their family 17 Criminal Harassment Objective of Police • Respond early and effectively to suspected incident • Intervene in suspect’s behaviour before it escalates and/or becomes violent 18 Criminal Harassment Police Investigation/Response • Document and seize all material created by the accused and possessed by the victim: • i.e. testimonial, real and documentary • Attempt to establish the identity of the suspect, develop a suspect case file and investigate the suspect’s background • Document – submit a detailed occurrence report with all actions taken or actions recommended to the complainant 19 Criminal Harassment Police Investigation/Response Advise victim of methods of collecting, preserving and recording evidence of harassment (i.e.: telephone/text messages & daily log/diary of all communications, sightings or contact)* * ensure compliance with search and seizure provisions of the Criminal Code and if necessary consult with supervisory personnel, your investigative units or your Crown 20 Criminal Harassment Police Investigation/Response Obtain all information from the victim as to why they fear for their safety or the safety of anyone known to them: • consider the reasonableness of the fear from the victim’s perspective • account for age, gender and physical size of victim in relation to the suspect • the backgrounds of the victim and suspect • the relationship between the victim and suspect, if any, and the context of that relationship (abuse) • Identify any related offences (harassing phone calls, mischief, etc.) 21 Criminal Harassment Police Investigation/Response Provide Victim Assistance: • • • • • • • Victim/witness assistance SA/DV Centre Restraining order Direct contact with investigating officers Safety plan Notification of release of suspect/offender and any release conditions Victim impact statement 22 Criminal Harassment Police Investigation/Response Charge, Arrest, Detain • Document if no charges laid*** • occurrence report should detail all facts and reasons for decisions taken and all actions recommended or taken Release Conditions • Is the continued detention necessary for the safety of the victim (and the public)? – Safety of the Victim/Public • If you decide to hold recommend conditions in the event the accused is to be released by Justice 23 Criminal Harassment Homework Scenario An eighteen-year-old male likes a female at his high school. He asks her out and she says no. He continues to ask her out and she continues to say no. The male gets angry and tells the female he is going to “make her ugly and cut her face”, he tells her he is going to burn her house down with her family inside. The female has seen the male driving past her house after school and in the evening several times. The female is afraid and tells her father what has been happening as she has started skipping school. The father works night shift at a factory. As the threats continue, the father starts calling in sick to work unbeknownst to his family and sits in his garage for several nights with a baseball bat in case the male tries to follow through on his threats. Male is 10-60 neg CNI and resides at home with his parents. 24 Criminal Harassment Scenario Criminal Harassment? Reasonable fear? Any other charges to be considered? What section(s) would you use? 25 Criminal Harassment Scenario Criminal Harassment? Yes Reasonable fear? Yes Any other charges to be considered? Yes, Utter threats to Cause Bodily Harm, Utter Threats to Burn Property What section(s) would you use? 264(2)(d), 264.1(1)(a), 264.1(1)(b) 26 Homework Assignment Workbook Questions and Fill out an undertaking found on the OPCVA under Fed 13, submit when completed and you will receive further instructions Accused: Victim: Name: Greg SMITH Name: Betty WHITE DOB: 15 September 2003 DOB: 21 July 2003 Address: 123 Main Street, Aylmer Court Address: 10716 Hacienda Road Address: 789 Anywhere, Aylmer Father: George WHITE Mother: Emma WHITE Aylmer Courtroom 1 @0930hrs Sibling: Rory WHITE 27