Distribute Intimate Image
The distribution of intimate images without consent, also known as “Revenge Porn”, is a criminal offence in Canada and is punishable under section 162.1 of the Criminal Code. The charge of distribute intimate image without consent can carry significant penalties, including imprisonment and fines. It is critical to retain an experienced distribute intimate image lawyer immediately. Once you are charged, if you are released, you will be placed on release conditions that will not allow you to contact the subject of the intimate images, who may be your partner, you may also be barred from attending your family home, or anywhere they are known to be. In distribute intimate image cases, an experienced distribute intimate image lawyer can fight for your release, and minimize your release conditions, so that they are the least restrictive possible.
At Kraska Law, our team of top-rated criminal defence lawyers have over 40 years combined experience, both, as Crown Attorneys and defence lawyers. Combined, we have dealt with thousands of criminal charges at all levels of Court in Ontario. Our experienced criminal defense lawyers can provide you with information on your legal rights, and can help you understand the charges you are facing and the potential penalties. We have the legal knowledge and Courtroom experience to win your case. We will make it our job to uncover the truth, protect your rights, and be the best distribute intimate image lawyers for your case.
CONTACT ONE OF OUR EXPERIENCED CRIMINAL LAWYERS IMMEDIATELY IF YOU’VE BEEN CHARGED WITH DISTRIBUTE INTIMATE IMAGE!
What is Distribute Intimate Images?
Distribute Intimate Image charges are sometimes referred to as revenge porn.
Section 162.1 of the Criminal Code defines “intimate image” as any visual recording of a person made in circumstances that give rise to a reasonable expectation of privacy, and that shows the person engaged in explicit sexual activity, or the exposure of their genital area or breasts. The offence is committed when a person distributes, sells, or makes available any intimate image of another person without that person’s consent.
Our experienced distribute intimate image lawyers will explain that one of the key elements of the offence is the lack of consent. This means that if a person consents to the distribution of an intimate image, there is no offence committed. However, consent obtained under coercion or duress is not considered valid, and the distribution of an intimate image obtained in such circumstances can still be considered an offence.
Possible Defences to Distribution of Intimate Images
Our experienced criminal defence lawyers will explain the possible defences in your case. The availability of defences in any distribute intimate image case will depend on the specific facts of that case. One possible defense to the charge of distributing intimate images is that the accused did not know, or could not have reasonably known, that the person depicted in the image did not consent to its distribution. Another possible defense is that the accused did not have the intent to cause harm or distress.
It is important to note that ignorance of the law is not a defense to the charge of distributing intimate images without consent. Even if a person did not know that their actions were illegal, they can still be charged and convicted of this offence. Our experienced distribute intimate image lawyers will review your case, and identify the specific defences available in your case.
Penalties for Distribute Intimate Images
The penalties for distributing intimate images in Canada can include a jail, fines, and probation. The specific penalties that may be imposed will depend on the circumstances of the case, including the severity of the harm caused to the victim and the specific circumstances of the person who is charged with the offence.
In addition to criminal penalties, a person convicted of distributing intimate images without consent may also be subject to civil liability. Under Canada’s Civil Remedies Act, victims of non-consensual distribution of intimate images can seek compensation for the harm they have suffered. An experienced distribute intimate image lawyer, will know these potential consequences, and be able to guide you through the Court process.
Our team of experienced distribute intimate image lawyers are aware that these allegations of distribution of intimate images can impact immigration or family law proceedings. If your charges are false and being used to gain advantage in another proceeding, our experienced criminal lawyers are experienced distribute intimate image lawyers. We will work to uncover those lies, and seek to be the best distribute intimate image lawyers for your case.
The Court process can be long and drawn out. It may take over a year for the case to end. One of our top-rated criminal lawyers who is experienced with distribute intimate image cases will listen to your goals, and fight to achieve the desired result. At Kraska Law, we have the knowledge, experience, and courtroom expertise to be the best distribute intimate image lawyers for you.
How an Experienced Assault Lawyer Can Help You
Overall, the charge of distributing intimate images without consent in Canada is a serious offence, and can have significant legal and social consequences for the person charged. If you are facing charges of distribution of intimate images, it is important to seek the advice of one of an experienced criminal defense lawyer as soon as possible.
An experienced criminal defence lawyer, well versed in the law surrounding distributing intimate images will be critical to winning your case. An experienced distribute intimate image lawyer will identify the issues in your case, and give you proper guidance through this stressful process.
You should call a lawyer for advice at the earliest possible opportunity. The police may want to interview you at the outset. The police can lie to you to encourage you to answer questions:
- The police may say that they are just investigating, and have not yet decided to lay charges.
- They may say that they just want to hear your side of the story.
- The police may comment that they just want to complete their file by getting everyone’s version of events.
- The police may try to guilt you into providing answers by suggesting that “if you were innocent, you would just tell your side of the story.”
- They may also ask you to view your phone, or your computer. They may ask you for your passwords of security pins.
Refusing to answer police questions, or provide your version of events, or a statement is not a sign of guilt, you have a right to remain silent. YOU DO NOT HAVE TO PROVIDE A STATEMENT TO POLICE.
An experienced criminal defence lawyer will make sure that you are aware of that right, as well as all of the other rights you have throughout the process.
Our criminal defence lawyers will review the evidence that the prosecution has against you. In a distribute intimate image case, this may include text messages, social media posts, and other electronic evidence that the prosecution may use to try to prove their case. At Kraska Law, our experienced criminal defence lawyers can help you understand the strength of the evidence against you, and can help you develop a defense strategy that is tailored to the specific circumstances of your distribute intimate image case.
Specifically, an experienced Distribute Intimate Image lawyer will be able to identify any indirect consequences of you case. These consequences can include:
- Ongoing non-communication / no-contact Orders with your partner (the victim).
- Employment consequences that may come about as a result of a conviction.
- Travel restrictions that may be imposed as a result of being convicted of the Distribution of Intimate Images.
- Immigration consequences, including the potential for deportation of non-Canadian citizens.
- Impacts in family or civil court proceedings, such as compensation for damages as a result of the Distribution of Images.
These are not items that readily come to mind when you think of being charged with distribute intimate image, but an experienced distribute intimate image lawyer will be thinking of these issues immediately. An experienced distribute intimate image lawyer will ensure that you are informed of all of these items.
At Kraska Law we are well versed in distribute intimate image cases. We will identify your specific concerns, and fight to protect your interests. We will strive to successfully negotiate the end of your case at the earliest opportunity. If we are not able to arrive as a favorable negotiation, then we will fight the case at trial. In either instance, we will strive to be the best distribute intimate image lawyers for your case.
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Why Our Clients Choose Kraska Law
1. We Listen
At Kraska Law, you are not just another case, we care. We listen to all of our clients, keep them updated about their case, and actively work with our clients to put forth their best defence.
2. Experience
Our team boasts over 40 years of combined experience in criminal law. We have experience prosecuting and defending criminal cases. With that knowledge and experience, we’ve done it all.
3. 24/7 Open Communication
Our team is always available to help and a team member is always available to answer your questions. We encourage communication by not charging hourly or per phone call, so our clients are never pressured into deciding whether or not they should call us.
4. Free Consultation
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6. Success Rate
Above all else, our clients choose us for our results. Our clients recommend us to their family and colleagues because of the results we have achieved for them. We will strive to be the best criminal defence lawyers for your case, and earn that same recommendation from you.
Call today for your free and confidential consultation with an experienced criminal lawyer, and speak to a knowledgeable distribute intimate image lawyer for your case!