‘I felt compelled to bring justice for Melanie’: W5 investigation prompts bill to amend Criminal Code

A W5 investigation prompts proposed Criminal Code changes targeting rape videos.

Warning: This story contains graphic details and allegations of sexual assault

A W5 investigation exposing a network of men who prey on their wives and girlfriends has inspired a bill that would change the Criminal Code to treat the creation of rape videos closer in line with child pornography laws.

Conservative MP Burton Bailey has introduced a private member’s bill called Melanie’s Law, named for a woman featured in the W5 documentary Sleeping With the Enemy.

“Hearing their story, I felt compelled to bring justice for Melanie and do whatever I can to help heal their hurt,” Bailey told Parliament as he introduced the bill.

In the documentary, Melanie described seeing video of herself after she had been drugged and raped.

“It looked just like a dead body. I knew it was me, but I looked like a dead body because I was so lifeless,” she said in the W5 documentary.

For years, Melanie’s boyfriend had been secretly drugging and raping her, then selling and sharing videos of the crimes.

He is now behind bars. But W5’s investigation exposed a wider global network of predators and led to the arrests of two men, one in Switzerland and another in Hamilton, Ont.

Bryan Hayward, the Hamilton man arrested after the W5 investigation, is now facing more than 60 charges related to alleged crimes against more than a dozen women. None of the allegations against him have been proven in court.

Bailey said the disturbing revelations in the W5 investigation pushed him to act.

“Your W5 documentary ... inspired me to talk to my colleagues and see what I could do as a member of Parliament.”

Bill C-275 seeks to amend the Criminal Code by creating a new definition of “sexual assault material.”

Conservative Shadow Minister for Justice Larry Brock says the bill would make it a specific crime to create, distribute, access or possess rape videos.

“All four would result in up to 14 years imprisonment, in some cases, and upwards to $100,000 in fines.”

Current laws, including voyeurism and distributing intimate images, carry much lower penalties, with a maximum of five years in prison. Advocates say those laws do not specifically address rape videos.

‘This should be top of mind’

Cait Alexander, the founder of End Violence Everywhere, was consulted on the drafting of the bill.

“It’s disgusting that we just haven’t cared about these types of crimes and we’ve had the internet for quite a number of years.”

Alexander says the issue should be a priority for lawmakers.

“I think this should be top of mind for government. Because what are you, if you aren’t safe?”

In a statement, Melanie, for whom the bill is named, welcomed tougher laws for those who create and share sexual assault material.

“The creation, distribution and possession of sexual assault material are not only crimes, they are profound violations of human dignity. Melanie’s Law is about holding those responsible … fully accountable.”

Private member’s bills face significant hurdles in Parliament and rarely become law. But MP Bailey says he believes Melanie’s Law can win support across party lines.

“I’m very optimistic. I believe that this is a real, true, non-partisan bill, ... and we can bring it in to be law.”

If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:

• Call 911 if you are in immediate danger or fear for your safety.
• The Canadian Association of Sexual Assault Centres' website has a comprehensive list of sexual assault centres in Canada that offer information, advocacy and counselling. 
• The Ending Violence Association of Canada‘s website has links to helplines, support services and locations across Canada that offer sexual assault kits.
• Indian Residential School Survivors Society crisis lines: [phone] or [phone] (24/7)
• Toronto Rape Crisis Centre crisis line: [phone] (24/7)
• Canadian Human Trafficking Hotline: [phone] (24/7)
• Trans Lifeline: [phone]
• Suicide Crisis Helpline: call or text 988 (24/7)
• Sexual Misconduct Support and Resource Centre for current and former Canadian Armed Forces members: [phone]
• Read about your rights as a victim on the Canadian Resource Centre for Victims of Crime website.

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