Local Business Owner Pleads Guilty To Distributing Intimate Images
A well known Moose Jaw business owner had multiple charges of Voyeurism for taking intimate photos of two staff members without their consent withdrawn and instead plead guilty of distributing intimate photos online knowing she did not have consent.
Kyra Marie Klassen, 35, of Caronport plead guilty to one charge of distributung intimate photos online without permission contrary to Section 162 (1) subsection 1 of the Criminal Code of Canada.
Klassen had previously faced other charges of Voyeurism but had those charges withdrawn when she plead guilty to the single charge.
She received a conditional sentence which includes a one year probationary period which if successfully passed means Klassen will not have a criminal record.
Klassen's attorney Talon Regent had asked the court for an absolute discharge largely due to what he characterized as a minor incident the victims initially had not sought to pursue criminally.
Regent typified Klassen as remorseful for her actions, apologizing to the victims plus her reputation and her business - Dance Fitness With Kyra (DFWK) - had taken a major hit in the media and social media after the allegations became public.
He was however unsuccessful in his quest to get his client an absolute discharge.
CROWN'S SIDE
Crown attorney Colleen Hepburn said Klassen had been sharing a room at a Yoga Boot Camp with two employees on February 1, 2021.
While one former employee was toweling off Hepburn told court Klassen stuck her phone in the bathroom door and surreptitiously took a photo.
For the second employee Court heard Klassen snuck into the shower and pulled back the shower curtain and snapped the photo.
“At some point Kyra was in the bathroom…and without her permission took a picture of her exposed breasts,” Hepburn said describing the one incident.
Klassen then put the pictures on a 35 member DFWK private chat room which included fellow staff and members of the gym.
Hepburn said the whole incident exacted a major blow on the two victims.
“The impact on both these ladies has been considerable…They both quit their jobs and required counseling,” Hepburn told Court.
Both of the women provided Victim Impact Statements to the Court which Provincial Judge FJ Kovach quietly read over for many minutes as the Court sat in silence.
The Court heard about a breach of trust because Klassen had been the victims’ employer at the time of the incident.
Hepburn then told the Court that after they quit Klassen had on occasion driven very slowly past one of the victims homes plus made indirect enquiries about her.
ACCUSED SIDE
Regent typified his client as highly remorseful about the incident and she had “apologized immediately" for her actions.
He pointed out both of the complainants had been part of the chat where the photos were released.
Regent told the Court it was Klassen who had taken down the initial chat and started a new one always expressing remorse for her actions.
Court also heard the situation seemed to have resolved itself with followup text messages much later showing they were moving forward.
About the photos Regent said they “were shared on a private chat with 20 women…and many had seen each other naked” after showering at the gym.
Regent downplayed whether or not the images shared were in fact intimate saying it was subjective as they did not show very much.
“Side boobs and bare bums that is it,” Regent said describing the photos shared in the chat.
“These photos were shared as a joke,” Regent told the Court adding “look at how silly we were.”
Court was also told one of the complainants had been just as bad sharing photos of Klassen's breasts and private parts on-line.
The allegations grew into a physical nature with Regent alleging one of the complainants herself had touched Klassen in what could be defined as in a sexual manner by wrapping her arms around Ms Klassen from behind and “started humping Ms Klassen.”
Despite this Regent said his client had decided to take the high road and not file a criminal complaint.
“It was a silly good night out and should be treated that way…she was remorseful from the beginning.”
Regent requested a total discharge due to Klassen's remorse and what she has suffered and will suffer because of the charges.
Without an absolute discharge it would make it difficult for Klassen to travel abroad with a criminal record, Regent said.
“Her income has been seriously impacted and her name has been dragged through the mud,” he said adding “I submit an absolute discharge is (appropriate) in this matter.”
THE DECISION
“I think the Crown has been very fair a conditional discharge is appropriate,” Judge Kovach said, adding “typically if the victims need a no contact order it is given due to the breach of trust.”
Judge Kovach then passed the following Conditional Sentence:
12 months probation
Be of good behavior
No contact directly or indirectly with either of the two victims
Stay 100 meters away from the victims
Do not attend to the victims' homes, places of work or schools where their children attend
She cannot make mention or refer to them on social media
Following Court the Crown Prosecutor agreed to answer questions to provide clarity about the exact charge Klassen plead guilty to. Hepburn said she had amended the charge because “it equally encapsulates the facts” of what happened.
Asked if what Klassen had plead guilty to was in fact a lesser charge than Klassen initially faced before Hepburn said “I would not call it a lesser charge” pointing out the Judge's decision.