By Vanessa Boamah, Erin Grace, Trishla Parekh
This journalism case study is on Kaiden Harris, a 23-year-old male from Abbotsford, British Columbia, who released nude images of his ex-partner.1 Harris and his ex-partner had been in a relationship for 10 months before choosing to go their separate ways.2
The same day of the break up, Harris was apprehended and transported to a hospital under the Mental Health Act then discharged that same day.3 Harris called his ex-partner between 250 to 300 times and continuously sent threatening messages.4 Police officers warned him that he may be arrested on harassment charges if he continues. He ignored the warning from officials and released nude images of his ex-partner on Instagram. The following day he was arrested on harassment charges and given a six-month suspended sentence and one year probation.5
The ethical issues analyzed in this case were regarding how the story was presented to the public. The reports surrounding this case focused on diverting accountability from Harris. Members of the court portrayed Harris to be oblivious to the consequences of releasing intimate images of another individual without consent. This was similarly done by news reporters.
The common practice of ‘sexting,’ his age and mental state was used as an argument as to why he did not fully comprehend the psychological effects, as it is seen to be normalized within the younger generation.6 Within the reports, both the identity of Harris and his ex-partner was hidden from the public. No images or evidence were released as a form of an ethics of care. This would have been a way to avoid further emotional and psychological trauma for both individuals.
Canadian law was applied during this case as it was an act made without consent. However, the ethical issue is that the law does not discuss the issue of removal of consent or the methods in which consent can be granted. Not every form of consent is ethical or valid. Regarding the Harris case, the form of intimidation and symbolic violence used by Harris is a tactic used to coax an individual into submission.
From the work Confessing Society, Confessing Cis-tem by Alexandre Baril, it is argued that circumstances such as “the influence of drugs, threats, authority and mental or emotional disability invalidates consent.”8 The ‘myth of the ideal victim’ was an ethical issue concerning how the media and society perceive victims of sexual violence. Baril describes that a good victim is viewed to fight against sexual violence while a bad victim is seen to leave themselves vulnerable and not actively engage in methods to avoid it.9
After additional research, we also found that the incident was mainly covered in Abbotsford News. In the articles they posted, they mentioned that both lawyers from the crown and defense, agreed that Harris should not do jail time. Commenting on Harris’ offense, the crown lawyer stated “It’s clear that Mr. Harris was struggling with his mental health that day.”10 Moreover, the defense explained that her client was “extremely remorseful”11 and has shown “steady, steady progress” in making changes in his life to ensure he never hurts anyone like this again.12
In the article, it is very clear that the ex-girlfriend did not provide consent to the release of her images, as she pleaded for him to stop harassing her. Yet, he had to pay very little cost for his actions because of his mental state and promise to improve. We don’t know for sure the specific social characteristics of Kaiden Harris, but it may have been an interesting point of discussion to think how the framing and verdict of the case would have differed based on his race, age, etc. It would have also been worth discussing if these key details should have been protected, because he is not the victim where anonymity and ethics of care are usually applied.
Discussion Questions
- In the case of Kaiden Harris, was the ex-girlfriend a good or bad victim?
- Taking this same concept and applying it to transgender people when they post nude images of themselves online but change their mind later, are they a good or bad victim?
- Do you think the good and bad victim myth was applied within the court case andreports?
- How could the law include a more inclusive view of consent and the release of intimate images?
Endnotes
[1] Vikki Hopes, “No Jail Time Suggested for Man in Abbotsford Who Posted Topless Photos of Ex-Girlfriend,” Abbotsford News, August 12, 2022.https://www.abbynews.com/news/no-jail-time-suggested-for-man-in-abbotsford-who-posted-topless-photos-of-ex-girlfriend/.
[2] Hopes, “No Jail Time.”
[3] Hopes, “No Jail Time.”
[4] Hopes, “No Jail Time.”
[5] Hopes, “No Jail Time.”
[6] Hopes, “No Jail Time.”
[7] Jasbir K. Puar, “Abu Ghraib and U.S. sexual exceptionalism.” In Terrorist assemblages: Homonationalism in queer times, 84. Durham, NC: Duke University Press, 2007.
[8] Alexandre Baril, “Confessing society, confessing cis-tem: Rethinking consent through intimate images of trans*people in the media.” (Frontiers: A Journal of Women Studies, 2018), 12.
[9] Baril, 15-18.
[10] Vikki Hopes, “No Jail Time Suggested for Man in Abbotsford Who Posted Topless Photos of Ex-Girlfriend,” Abbotsford News, August 12, 2022.
[11] Hopes, “No Jail Time.”
[12] Hopes, “No Jail Time.”
