Uploading sexually explicit photographs of his former girlfriend to an adult website won’t mean jail for a Calgary man, a judge ruled Monday.
But provincial court Judge Josh Hawkes said even the potential of going behind bars, where COVID-19 is ravaging prisoner populations, wasn’t enough to spare the man jail.
Instead, Hawkes said, the offender’s serious steps to mitigate the damage his crime caused, including donating $1,000 to a charity for sexual assault victims and writing a letter of apology to his own victim, kept him from a custodial term.
He said the sentence would have been time behind bars “even with the presence of COVID” if not for his mitigating circumstances.
Instead, the offender, who can’t be named to protect his victim’s identity, will serve a four-month conditional sentence in the community, including house arrest.
Crown prosecutor Karuna Ramakrishnan had sought a six-month conditional sentence, arguing the coronavirus outbreak currently spreading through Alberta jails was the sole reason not to hand him a custodial term.