Technology has revolutionized the way we connect, but it has also introduced new forms of abuse. One particularly harmful and increasingly common issue is the non-consensual distribution of intimate images (NCDII). This form of technology-facilitated abuse—sometimes referred to as “revenge porn”—is a significant violation of privacy, trust, and personal dignity.
Why We Shouldn’t Call It “Revenge Porn”
The term “revenge porn” suggests that the subject of the intimate image has done something to warrant revenge, shifting blame onto them rather than the perpetrator. Additionally, it links the issue to pornography, which misrepresents the nature of the harm by framing it as a matter of adult content, rather than acknowledging it for what it truly is—a form of abuse and a violation of consent and privacy. Instead, NCDII is a form of gender-based violence and, when applicable, intimate partner violence.
The Limits of the Criminal Legal System
Many people assume that the criminal legal system is the only path for justice when their intimate images have been shared without their consent. Although criminal charges can sometimes provide a sense of accountability, the system is not always structured to meet the needs of survivors:
It Can Cause More Harm Than Good – The adversarial nature of the criminal system can often be retraumatizing for survivors, requiring them to testify and relive their experiences under cross-examination.
It Doesn’t Always Lead to Accountability – Even when cases are pursued, legal technicalities, lack of evidence, or unsympathetic legal actors can result in an acquittal or dismissal.
It Centres Society, Not the survivor – In criminal cases, the prosecution represents society, not the survivor, meaning that their needs and desires may not be the primary focus.
Civil Litigation: An Alternative Path to Justice
Survivors of NCDII seeking legal redress are not limited to the criminal system. The civil legal system provides another avenue—one that prioritizes the survivor’s voice, agency, and healing.
In Nova Scotia, survivors also have access to a dedicated legal framework for addressing NCDII through the Intimate Images and Cyber Protection Act. This legislation provides a civil avenue for survivors to seek protection orders, damages, and other legal remedies to hold perpetrators accountable.
Unlike in criminal cases, where the state controls the case, a civil lawsuit is brought by the survivor, allowing them to seek justice on their own terms:
Survivors Have Their Own Lawyer – In civil litigation, the survivor retains a lawyer whose role is to protect and advance their rights.
The Survivor Tells Their Story – Rather than being sidelined in a state-driven prosecution, survivors have the opportunity to explain, in their own words, the harm they have suffered.
Legal Action Can Be a Part of the Healing Process – Pursuing civil claims can provide a sense of empowerment, closure, and, in some cases, financial compensation to aid in recovery.
How PATH Supports Survivors
PATH has experience litigating NCDII cases. Lawyers Emma Arnold and Jessica Rose were involved in the first reported civil decision in Nova Scotia, setting an important precedent for survivors seeking justice through the civil legal system.
At PATH, we recognize that legal action is not just about financial compensation—it’s about justice, healing, and reclaiming control. Our focus is on supporting survivors in navigating the legal system in a way that prioritizes their well-being. We offer compassionate representation to those who have experienced NCDII, helping them use the civil system to seek accountability from those responsible.
If you or someone you know has been affected by the non-consensual distribution of intimate images, know that you are not alone. There are legal pathways to reclaim your power, and PATH is here to help you take those steps in a way that aligns with your healing process.
For more information or to schedule a consultation, contact us today.