SASKATCHEWAN - A North Battleford man has been ordered to pay a woman $160,000 in damages for posting “revenge porn” photos on the Internet.
The woman’s name is protected by a publication ban and she is one of six victims. Daylan Heidel had received jail time in 2019 after pleading guilty to distributing intimate images of four partners from 2015 to 2019 without consent.
The victim’s Saskatoon lawyer, Sean Sinclair, told SASKTODAY.ca in an email Saturday that the case was argued more than a year ago in court and he just recently received the decision.
“My argument was essentially that my client’s privacy was violated by the defendant’s actions,” said Sinclair. “Without consent and against my client’s express wishes, the defendant intentionally and maliciously caused my client severe distress by publishing her intimate images and videos. He went even further by publishing personal details about her. As a result, I argued that she should be entitled to financial redress.”
Sinclair said that his client is doing as well as can be expected in the circumstances but added that this has been a very traumatic experience for her.
“Hopefully this will provide some closure – only time will tell," said Sinclair.
Heidel’s lawyer has indicated to other media that he will either appeal or file for bankruptcy.
Sinclair said that if there is a bankruptcy, a judge will likely be called on to decide whether the judgment survives the bankruptcy.
“There are some debts that do not get discharged in a bankruptcy,” said Sinclair.
Six women were victims of Heidel.
In November 2019, Heidel, then 28, was handed jail time after he had pleaded guilty to four counts of distribution of intimate images, two counts of possession of unauthorized firearms, one count of failure to comply with an undertaking (no electronics), and one count of possession of a firearm. On the main counts of distribution of intimate images Heidel was sentenced to 18 months in jail.
Sentencing stemmed from a case that involved intimate images of four victims that were distributed from Jan. 1, 2015 to July 15, 2019. The images included photos and videos and were uploaded onto the xHamster porn site. The images ultimately ended up being seen on other porn sites including Pornhub. The photos were shared by Heidel without the victims’ knowledge or consent court heard.
Heidel had claimed initially to police that his Instagram had been hacked, but police confirmed that there were no signs of a hack or malware.
One of the victims reported she received friend requests on Facebook from those viewing the images. The Crown confirmed to the judge that one of the images had been viewed over 1.5 million times.
The victims can't be identified due to a publication ban on the names.
Crown prosecutor Lana Morelli called the case “one of the worst cases of revenge porn” when seeking the 18-month jail sentence.
In his submission, defence lawyer Ron Piche said his client was “ashamed for what he’s done.” He pointed to alcohol as being “very much a factor” in the case and pointed to his decision to enter an early guilty plea as a mitigating factor.
Before sentencing in 2019, Heidel told the court, “I’ve ruined a lot of people’s lives. I just really want them to know that I am sorry and I’m going to do everything in my power to sober up and make sure nothing like this every happens again, because I don’t want to see it happen ever again.”
In 2018, Saskatchewan amended its privacy laws to make it easier for victims of revenge porn to file civil suits against the perpetrators.
-With files from John Cairns
— Click for more from Crime, Cops and Court.
