Nfld. & Labrador

Woman jailed for posting nude photos of ex-boyfriend's new partner

The 23-year-old woman posted the photos on Facebook and on the online dating website Plenty of Fish.

The 23-year-old was sentenced to 90 days in jail

The 23-year-old woman posted the pictures to Facebook and to the online dating site Plenty of Fish.

A young woman who posted intimate images of her ex-boyfriend's new partner online has been sentenced to 90 days in jail.

The victim, identified only as "Ms. X" in a newly released Newfoundland and Labrador court ruling, said she felt humiliated after Felicia Borden posted the photos on Facebook and Plenty of Fish.

Ms. X said her teenage daughter discovered that the images, showing Ms. X both nude and engaged in sexual activity, were online.

Borden came into possession of the images — the court ruling didn't specify how — in December 2017.

This was not a mistake or an error in judgment.- Judge Wayne Gorman

The 23-year-old Borden pleaded guilty in Corner Brook provincial court to distributing intimate images without consent, calling it the biggest mistake of her life.

Judge Wayne Gorman said the seriousness of the crime left him no option but to jail Borden, although she will serve the sentence on weekends.

"Ms. Borden ... was attempting to humiliate Ms. X and would have known that a significant number of individuals were likely to see what she had posted," Gorman said in his ruling.

"This was not a mistake or an error in judgment. This was a wilful and purposeful act.… Ms. Borden's moral culpability is at a very high level."

Borden had no prior criminal record, and had lost another boyfriend earlier that year in a drowning.

Defence argued for conditional discharge

Her lawyer argued for a conditional discharge, while the Crown called for three to five months of conditional imprisonment.

"I accept that a discharge would be in Ms. Borden's interest, but such a sentence would be contrary to the public interest. The offence committed by Ms. Borden is too serious for a discharge to be imposed," said the judge.

"Such a sentence would fail to reflect the need to stress the sentencing principles of deterrence and denunciation."

Borden was also ordered to serve two years' probation, with orders not to communicate with Ms. X or post any photos of her.

"In imposing sentence for the offence of distributing intimate images it is important to understand that this is a sexual offence," said Gorman.

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