Thus, it is important to save the evidence before it is removed. There is no guarantee, however, that the archive website contains the image or that it will be easy to find if it does. If the image was published online, but has now been removed, you may still be able to find the image using an online Internet archive website such as Usually, this works by going to an online archive website, typing in the name of the website where the image was posted, and searching through the records. Again, it is best to also take a photo of the computer screen with the image visible on the screen. For those available on a computer or lap top, use the print screen function. Do the same for an instant messaging platform. It is best to also take a photo, with another camera, of the cell phone with the image visible on the screen. Take a screen shot photo of any text messages, but first ensure the phone number of the sender is visible on the screen (as opposed to only a contact name). If the image has been sent through text message, email, or an instant messaging platform to a third person who is willing to aid the victim, have that third person save the image and then take further steps to preserve the evidence. This function should be easily identifiable under or around the image and once accessed provides additional protection and a record of the image being posted and removed. Many social media platforms also contain a report function, allowing the victim to request that the image be removed from the website. It is best to also take a photo, with another camera, of the cell phone or computer, with the image and identifying information of the perpetrator visible on the screen. If the image is posted on an online social media platform by the perpetrator, use the screen shot photo function on a cell phone or the print screen function option on a computer or laptop to capture the image and identifying information about the perpetrator. ![]() If the image is of a person under the age of 18, do not take steps to save the image, but instead contact the police immediately, as the image could be considered child pornography. For more information on safety on technology safety strategies Ensure to the best of your ability that all the devices are not being monitored, tracked or spied on. WAYS TO COLLECT EVIDENCEīefore collecting evidence ensure you are doing so safely. In R v Maurer 3, the perpetrator found intimate images of his girlfriend on her computer, saved them, and then posted them on a website. ![]() The victim’s breasts were sent by the perpetrator to his friends. In R v Kapoor 1, the perpetrator posted a video online that he and his ex-girlfriend agreed to make privately while having oral sex. There are several Canadian cases illustrating what the courts have found as an actionable case for the distribution of non consensual images. It can be any visual recording, including a photograph, film, or video recording. An intimate image is one where a person is nude, or exposing their breasts, genitals, or anal region, or is engaged in sexual activity. The Distribution of Non Consensual Images or Revenge Porn is the sharing of an intimate image, without your consent, when you expected the image to be kept private. Legal advice or representation must come from a lawyer who can advise you whether you should do something in a lawsuit or whether you should take certain actions in a court matter. The sheet provides general legal information. This information sheet is designed to assist frontline anti-violence workers, usually non-lawyers, to better understand the legal causes of action related to the distribution of non-consensual images, or revenge porn, and the possible legal remedies for their clients when they are addressing these incidents.
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