A Manitoba police officer is suing a woman she alleges shared intimate images of her without her permission, in a lawsuit that could be the first to test Manitoba鈥檚 new "revenge porn" legislation.
Brittany Roque has filed a lawsuit that states that while she was engaged in a brief affair with a member of the Brandon Police Service in 2015, she sent him intimate photos of herself, with the understanding that he would delete them if the relationship ended.
Her suit alleges that the officer kept the images on his computer after the affair ended, which is where the officer鈥檚 long-time girlfriend found them.
It wasn鈥檛 until Roque was applying for a job with the Brandon Police Service last year that she learned that those intimate images had been shared with the police force, without her consent. Roque alleges it was the girlfriend who shared the photos, says Roque鈥檚 lawyer, Kevin Toyne.
"These images were shared without her permission and it's had a very significant impact on her,鈥� said Toyne.
鈥淚n our view, that鈥檚 against the law, so we鈥檝e started a lawsuit to seek compensation for that unlawful distribution.鈥�
The suit鈥檚 statement of claim reads: 鈥淭he plaintiff pleads that the defendant's non-consensual distribution of the intimate images is an act of revenge and retaliation against the plaintiff for her brief intimate relationship with the officer.鈥�
Roque now works as an police officer in the town of Rivers, Man.
The defendant's lawyer, Rhea Majewski, says while her client was in a relationship with the officer at the same time as Roque, her client denies distributing the photos.
None of the allegations have been proven in court. Brandon police have declined to comment on the case.
Some sections of the lawsuit refer to Manitoba's recently introduced Intimate Image Protection Act, which allows victims to seek civil damages in cases of 鈥渞evenge porn.鈥�
Karen Busby, a law professor at the University of Manitoba, notes Canada鈥檚 Criminal Code was also changed in 2015 to make it illegal to distribute intimate images without consent. But to her knowledge, this is the first civil case of its kind in Manitoba.
"Parliament and the Manitoba legislature have both spoken and have said it's wrong to non-consensually distribute intimate images,鈥� said Busby. 鈥淚 think that will be a message that courts will want to enforce."
The RCMP is also investigating a criminal complaint regarding Roque's allegations.
Roque鈥檚 statement of claim does not specify financial damages, but it does request the defendant make a payment to the Canadian Centre for Child Protection, which works to protect children from sexual exploitation.
