N.S. woman awarded damages after criminal case dropped against ex who posted sex ad

A person uses a cellphone in Ottawa on Monday, July 18, 2022. (Sean Kilpatrick / The Canadian Press)

HALIFAX — A Nova Scotia woman who was awarded damages after her ex-boyfriend posted an explicit picture of her alongside a fake online ad for sex work initially went to police to report what she said was a pattern of harassment. But in the end it was a provincial cyber-protection law that held her ex to account, not the criminal courts.

Larissa Williams of Lower Sackville, N.S., said she was aghast in July 2022 when a text arrived from an unknown number asking about obtaining sexual services. After a few confused messages back and forth and an online search, Williams discovered a picture of her torso: her breasts were bare and she was wearing just a small pair of underwear. The photo was on a website used by escorts to advertise their services. The post included her name, phone number and location. The photo was one she had shared with her boyfriend but asked him to destroy after they broke up.

“It was an image of me, but initially my brain was just in denial. I knew I was looking at an image of myself but I was trying to find proof or evidence that somehow it wasn’t me,” Williams said in a recent interview.

“I considered self-harm initially. Everything felt so out of my control. I felt like I lost my safety,” she added.

On Jan. 13, Nova Scotia Supreme Court Justice Joshua Arnold awarded damages after having earlier found Cory Lester liable under Nova Scotia’s Intimate Images and Cyber-protection Act. The judge concluded Lester posted the ad “in an effort to harass and intimidate (Williams) following the demise of their romantic relationship.” It was one of the first decisions under the law, which was redrafted in 2018 to include specific provisions about the non-consensual distribution of intimate images.

Lester was ordered to pay Williams $45,000 and not to contact her for 12 months. Testifying before the court, Lester denied posting the photo and the ad, and in an emailed statement this week he maintained his innocence. He said he nonetheless plans to pay the damages to avoid costly legal bills from an appeal.

‘It’s a bit surprising’

Wayne MacKay, a professor emeritus of law at Dalhousie University in Halifax, questions why the case ended up being settled through a civil suit awarding damages rather than a criminal prosecution.

“It certainly seems there’s a lot of evidence .... So I think it’s a bit surprising, and it does make one concerned about how responsive our legal system is to these important issues,” MacKay said in an interview.

The intimate images case was not the first time Williams had filed a complaint against Lester. In November 2021, months before she was solicited for sex work, Williams went to the RCMP for help dealing with what she said was persistent harassment and threatening behaviour from her former boyfriend.

The court ruling says he was arrested, released on conditions to have no contact with Williams, and charged with criminal harassment. The charges were withdrawn the following month, and Lester filed a police complaint of his own. Williams and Lester then filed peace bond applications against each other, both of which were withdrawn in June 2022, court documents say.

It was a month later that Williams found the explicit photo of herself alongside the ad, and she again went to police. In October 2022, Lester was charged for publishing or distributing an intimate image without consent. But in April 2023, the Crown stayed the charge. A spokesperson for the Nova Scotia Public Prosecution Service said, without providing specifics, that prosecutors “determined there was no realistic prospect of conviction.”

The burden of proof is more rigid for a criminal case, requiring prosecutors to prove beyond a reasonable doubt that the accused is guilty. In a civil case such as Williams', the judge has to be satisfied on a balance of probabilities that the defendant was responsible for the misdeed.

Victim concerned about long-term impact

Williams said her experience with police left her feeling hopeless and alone. She eventually connected with PATH Legal, a non-profit Halifax law firm that worked with her to pursue a civil case against Lester.

In an affidavit filed to the court, she said the violation of her privacy has made it hard for her to trust anyone.

“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,” she said. “I also worry about how this may impact me when I return to work.”

Williams had been seeking total damages of $155,000, and while she is relieved to have won her case, she said the award was too low. “I don’t care about the money … but it just does not set a strong precedent,” she said.

MacKay agreed that the $45,000 awarded by the court is not enough to be an effective deterrent. “When you look at the facts of the case and how much gross invasion of privacy was involved, it doesn’t seem that it really reflects the damage done,” MacKay said.

He said abusive behaviour against women exists in many forms, “be it sharing of intimate images, domestic violence, sexual harassment or assault, they’re all on that continuum. That’s all the more reason we need to send some clear messages with our legal cases that this is not acceptable.”

Leah Parsons, whose daughter Rehteah took her own life after a photo was circulated of what her family says was a sexual assault, said police and the justice system “have to crack down harder” and better support victims who bring their complaints forward. It was her daughter’s 2013 death that inspired Nova Scotia’s initial anti-cyberbullying law.

Parsons agreed that the damages awarded to Williams are too low. “That’s just not enough,” she said. ”Her image was out there, her phone number and location were out there. Now she has to fear for her safety.”

This report by The Canadian Press was first published Feb. 13, 2025.