‘As a result of the ad, (the woman) received communications from several individuals inquiring about her availability as a sex worker’
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A Nova Scotia man who posted an intimate image of his ex-girlfriend on a website advertising her for sex work “in an effort to harass and intimidate her following the demise of their romantic relationship” has been ordered to pay her a total of $45,000 in damages.
The woman took Cory Lester to Nova Scotia Supreme Court where he “was found liable under the Intimate Images and Cyber-protection Act … for posting an intimate image of (his ex) on a website advertising (the woman) for sex work without her knowledge or permission,” Justice Joshua Arnold said in a written decision released Tuesday.
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“As a result of the ad, (the woman) received communications from several individuals inquiring about her availability as a sex worker.”
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Arnold ordered Lester to pay the woman $30,000 in general damages, $10,000 in aggravated damages, and $5,000 in punitive damages. The judge also ordered Lester to pay the woman $4,000 in court costs.
“Very briefly, Cory Lester and (the woman) were in a romantic relationship,” Arnold wrote in his decision dated Jan. 13.
“They exchanged intimate photos of themselves with each other. (The woman) and her son moved into Mr. Lester’s home with him and his child. At one point, Mr. Lester went through (the woman’s) electronic messages without her consent, interpreted them to mean that she was only with him for financial reasons, and the relationship ended. They agreed to destroy each other’s intimate images.”
One of those photos “consisted of a frontal view of (the woman) from slightly below her shoulders to mid-thigh — her breasts are exposed, and she is only wearing only a small pair of underpants,” said the judge.
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Using a pseudonym, Lester “posted the photo and (the woman’s) contact information as an advertisement on a website for sexual services (known as lyla.ch). (The woman) was then contacted on several occasions by men seeking to hire her for sex work.”
Her face wasn’t visible in the photo, but one of her tattoos was, “along with her first name, her neighbourhood, her profession, the fact that she owned her home, her contact information, and her telephone number,” Arnold said.
About five weeks and 5,000 views later, the ad was removed from the site, Arnold said. “Mr. Lester also shared the image with Scott Macmillan, a mutual neighbour and friend of both he and (the woman)”
Lester later asked MacMillan to delete the image, which he did, said the judge.
The woman was asking for total damages of $155,000, and “lump sum costs of $18,750,” said Arnold’s decision.
“Lester says that he should pay general damages of $20,000, aggravated damages of $5,000, no punitive damages, and costs of $1,763.44.”
The woman filed an affidavit with the court saying: “The sharing of my intimate image was shocking and traumatizing for me to discover. A picture of my naked body had been published on a website for sex work without my knowledge or consent. I was being contacted by strangers who wanted to buy sex from me. It felt and continues to feel like a staggering violation of my privacy.”
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The woman told the court she was “horrified” to learn her naked photo had been seen by strangers more than 5,000 times without her consent. “For a time after I first saw my intimate image online, I even considered self-harm. I felt and continue to feel violated, scared, and as though I’ve lost total control over my life, safety, and identity.”
She’s been living in a constant state of worry ever since. “I worry about how this will affect my reputation in the community, about who saw my intimate image and that someone I know might have seen it, that the harassment and online attacks will continue, and that I will be stigmatized as a sex worker in my community. I also worry about how this may impact me when I return to work.”
The woman said she can’t walk up and down her street “without wondering whether Mr. Lester shared my intimate image with other neighbours or told them I’m a prostitute.”
She’s “always scared that he will post or share another image or video online.”
She also fears for her son’s safety. “Information about where we live, my occupation, the fact that he attends school, and my phone number were all shared. I am constantly worried that someone will use this information to harm my son in some way, physically or emotionally.”
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Since her ex shared her nearly naked photo, the woman said she’s changed her name on social media and stopped saying her name aloud for fear someone will recognize her.
“I’ve stopped walking or running any of the trail systems in Sackville alone, stopped attending social events, and stopped leaving my home except when necessary.”
The woman now has trouble trusting people, even friends. “I have never-ending intrusive thoughts and find myself second guessing how well I know my friends and neighbours with whom I’m close, wondering if they too will harm me or my son. I haven’t been able to let anyone into mine or my son’s life as a result.”
Lester, who “denied under oath being responsible for posting the image and ad, did nothing to assist in its removal from the internet, has accepted no responsibility, and has offered no apology,” said Arnold.
Lester “acted with malice in posting (the woman’s) intimate image to advertise her for sex work,” said the judge.
“His intentions were made clear within one of the messages he exchanged with (the woman) through the lyla.ch contact: ‘this can all stop, all it takes is an apology… a simple apology saying you’re sorry. That you were not honest with me.’”
Lester’s “attempts to conceal and cover up his misconduct by using an anonymous username in continuing to harass(the woman) contributes to his blameworthiness,” said the judge, who ordered him not to distribute any more intimate images of her, not to contact her, and to “remove or disable any remaining access to any intimate images of the applicant.”
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