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[byline]

CONTENT ADVISORY
A BC man who posted dozens of intimate photos of a woman that he’d taken while giving her massages had been ordered to pay $5,000.
According to an Oct. 3 BC Civil Resolution Tribunal decision, Dominic Prashant Dutt posted 48 photos to a fetish website after secretly taking the pictures.
The decision says a friend of the victim came across the photos online and alerted the victim.
The victim, whose name is covered under a court-ordered publication ban, then took Dutt to the BC Civil Resolution Tribunal, arguing for compensation.
Last year, the provincial government introduced new laws about sharing intimate images online and allowed victims to sue through the BC Civil Resolution Tribunal for up $5,000.
The decision says that over a period of about five or six years, the woman went to Dutt for massages for health reasons, and he secretly took photos of her. Dutt does not appear to have ever been a registered massage therapist.
He admitted that he took the photos and posted them on the website Fetlife.
“He says he now regrets doing so, and has deleted them from Fetlife,” the decision reads.
The Tribunal says the photos showed the woman nude or nearly nude and some of the photos show her breasts or genitals.
The woman argued for $5,000 in damages.
“She says she suffered significant mental distress after she discovered that (Dutt) had taken and shared her intimate images. To support her claim, (she) provided… a letter from her doctor, who wrote that (she) had been treated several times of significant symptoms consistent with anxiety, depression, post-traumatic stress disorder,” the decision reads. “The doctor said these symptoms were the direct result of… having had sexually explicit materials taken and posted online without her consent.”
The decision says screenshots of chats Dutt had with members on the Fetlife website were presented as evidence.
“Despite (Dutt’s) submissions to the contrary, I find those text chats show that (he) posted the images for the purpose of sexualizing and objectifying (her), which further violated (her) personal autonomy over her body and images depicting her,” the Tribunal says.
The Tribunal ruled the maximum compensation of $5,000 was appropriate compensation for the mental distress caused by sharing the images.
Dutt argued his financial circumstances meant $3,000 was more appropriate, but the Tribunal said his financial situation wasn’t relevant.
“This is because the purpose of ordering damages is to compensate (her) for the harm she suffered due to (Dutt’s) actions. I find that level of harm is significant, and (his) finances do not affect how much harm (she) suffered,” the Tribunal said.
Ultimately, the Tribunal ordered Dutt to pay the woman $5,000 plus interest and fees.
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One response
Dutt should count himself lucky. Had the complainant sued i think she would have been entitled to a lot more than 5k.