February 25, 2024

It’s believed to be the primary case in Ontario the place the Crown has efficiently equated non-consensual recordings of consensual intercourse to sexual assault

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In a disturbing case of betrayal, an Ottawa development employee has been sentenced to 5 years for secretly recording consensual intercourse and posting the movies on PornHub.

As a result of the recordings have been surreptitious, Ontario Court docket Justice Ann Alder dominated that the fraud negated consent, and he or she additionally discovered Jacob Rockburn responsible on two counts of sexual assault.

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Rockburn, 39, took the stand in his personal defence, however the decide stated his testimony defied widespread sense and bordered on the ridiculous. He wasn’t a reputable or dependable witness — not like the ladies who testified in opposition to him.

Rockburn stated he requested permission in a single case and within the different presumed the lady knew as a result of the five-inch-high video digicam within the bed room — put in for safety causes — was in plain sight.

The opposite secret intercourse video was recorded within the again seat of his pickup truck within the car parking zone of the Craig Henry Tennis Membership.

Rockburn additionally informed court docket he by no means informed the ladies he would publish the movies, full with degrading titles.

The ladies testified at trial they’d by no means have had intercourse with Rockburn had they identified they’d be recorded.

It was a big breach of belief and devastating for each ladies, the decide stated at sentencing on Thursday.

“Their lives have without end been altered. They believed they may belief him,” Alder informed court docket. The decide famous Rockburn’s path of trauma was designed solely “for his personal pleasure and gratification.”

One sufferer has excessive nervousness, doesn’t belief anybody and hasn’t been in a position to have one other relationship, court docket heard. She recoils when touched and has turn out to be paranoid.

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“Discovering out the video was posted destroyed her. She now has PTSD and is on medicine for nervousness and despair,” Alder stated.

One of many victims was upstairs at her grandmother’s residence when she realized the mortifying information.

“(To file) with out my information is terrifying, then to (publish it) is basically scary … It’s disgusting, it’s unbelievable,” the lady testified.

Every of the ladies lives in concern of not figuring out if somebody has seen the video, the place it’s, or if the video can be seen once more.

Below cross-examination by Assistant Crown Legal professional Moiz Karimjee, Rockburn stated he felt horrible about posting one of many movies, however, because the prosecutor famous, it stayed on-line for a 12 months earlier than Rockburn took it down.

“Why on Earth would you set it on Pornhub?” Karimjee requested.

Rockburn testified he uploaded it to clear cupboard space on his cellphone as a result of “it was fairly nicely getting near most.”

Karimjee requested the accused if he was simply making up solutions as he went alongside, and Rockburn stated no.

Alder then requested the accused: “So that you thought Pornhub was your individual non-public cupboard space?”

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“Basically,” Rockburn replied.

In an interview for a pre-sentence report, considered one of Rockburn’s brothers stated Jacob wasn’t a prison mastermind. “He’s simply an fool.”

Rockburn portrayed himself as a sufferer and stated the case in opposition to him was essentially the most traumatizing factor he ever endured. He additionally informed court docket he had misplaced all the pieces.

He has proven some regret, however has a behavior of minimizing his crimes.

It’s believed to be the primary case in Ontario the place the Crown has efficiently equated non-consensual recordings of consensual intercourse to sexual assault.

Rockburn was sentenced to greater than seven years, however, after credit for pre-trial custody, 5 years remaining to serve.

His whole sentence additionally features a breach for mendacity below oath to range his bail situations. He swore he had a job ready for him, however knew that wasn’t the case. The decide stated that confirmed a disregard for the administration of justice.

The decide additionally waived the sufferer surcharge.

Within the choice, the decide additionally famous: “It’s unimaginable with at present’s expertise to contemplate the danger of deprivation within the type of critical psychological from surreptitious recording as separate and distinct from the danger of distribution of these recordings.

“That concern, that critical psychological hurt, develops whether or not or not the photographs are literally distributed.”

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