6.12 Preserving Evidence of Teen Digital Dating Violence

A Note on Language

In this toolkit, we will sometimes use the word woman/women and feminine pronouns for simplicity and to recognize the significant impact technology-facilitated violence has on women and girls. We recognize that TFGBV also impacts trans, non-binary, and Two-Spirit people. We hope that all people impacted by TFGBV will find these documents useful.

Introduction

The purpose of this document is to help teens experiencing digital dating violence preserve evidence of the most common types of teen digital dating violence

Harassment

Harassment is when someone targets you with behaviour that causes you to feel uncomfortable or fearful. Digital forms of harassment are usually committed using social media or text messaging.

How to Collect Evidence of Harassment:

Take screenshots or a video screen recording of any harassment that you receive.
1. Your screenshots should tell the full story.
  1. For instance, if someone has been harassing you over text, do not delete portions of the conversation. Sometimes this can be tempting if you have said inappropriate or personal things during the conversation. However, for your screenshots to be useful, they must be an accurate representation of what happened.
  2. After you have taken your screenshots, do not edit them in any way. Again, it can be tempting to edit screenshots if they contain embarrassing information about you. However, edited screenshots are usually not as helpful as unedited screenshots.
2. If the harassment is happening over social media, take screenshots of the profile of your harasser as well.
3. If possible, make sure that the date and time are included in your screenshots.
4. Print off all of your screenshots.
If you are unable to take a screenshot of the harassment, write down the details of the harassment as soon as possible.
1. You may be unable to take screenshots of the harassment in situations where:
  1. The harasser has deleted their message or post.
  2. The harassment happened in person. For instance, if someone verbally threatens to post personal photos of you online, you would be unable to take a screenshot of that threat.
2. If you are unable to take a screenshot of the harassment, your memory of what happened can be very useful evidence. You should try to record the details of any harassment as soon as possible while your memory is still fresh.
3. A written record of the harassment should include:
  1. The date and time of the harassment.
  2. What the harasser said or did and how you responded.
  3. How you felt during the moment and how the harassment affected you afterwards.
    
    You can download a copy of WSC’s Tech-Facilitated Violence Log to help guide you in your written records.
If the harassment is happening at school and the harasser is a fellow student, collect evidence on how your school has responded to the harassment.
1. You should only do this once the school is aware of the harassment. For instance, if you have told the school that a fellow student is harassing you or if teachers at the school have witnessed it, you should collect evidence on the school’s response.
2. Save or screenshot any communications that the school has sent you concerning the harassment. Print out any screenshots you take.
3. Write down the details of the actions the school has taken in response to the harassment. This can also include lack of action from the school.

Stalking

Stalking is repeatedly following, tracking, or communicating with a person. Digital forms of stalking are usually committed through social media or GPS-enabled apps.

How to Collect Evidence of Stalking:

Keep a written record of each stalking incident.
1. Your memory of what happened can be very useful evidence. You should try to record the details of any stalking as soon as possible while your memory is still fresh.
2. A written record of stalking should include:
  1. The date and time of each incident
  2. What the stalker did and how you responded
How the incident made you feel and how it affected you afterwards.
1. In some situations, you may be able to take screenshots or a video screen recording of certain stalking incidents.
2. For instance, if your partner regularly demands that you share your location with them through an application like iMessage, you can take screenshots of each incident and print out the screenshots.

Impersonation

Impersonation is when someone pretends to be you to cause you harm.

How to Collect Evidence of Impersonation:

Do not delete posts or messages right away. When an impersonator uses your account to create posts or send messages, it can be tempting to delete them but it is important that you save the evidence first.
1. Deleted posts can sometimes be recovered depending on what application is being used. For instance, Instagram and TikTok both allow you to view deleted posts.
2. You may also be able to show that it was not you who logged in to your account by checking your security and login information.
Take screenshots or video screen recordings of any posts or messages that have been created by the impersonator, including suspicious login activity.
1. Do not edit your screenshots. If possible, include the date/time in your screenshots.
2. Print out your screenshots.
If you know who the impersonator is, keep a record of how you know this.
1. For example, the impersonator may be the only person who knows the password to your account.
2. Your account may also show that someone logged in at a time and place where you weren’t.
If the impersonation is happening at school and the impersonator is a fellow student, collect evidence on how your school has responded to the issue.
1. You should only do this once the school is aware of the issue. For instance, if you have told the school that a fellow student is impersonating you, you should collect evidence of the school’s response.
2. Save or screenshot any communications that the school has sent you concerning the harassment. Print out any screenshots you take.
3. Write down the details of the actions the school has taken in response to the harassment. This can also include lack of action from the school.

Intimidation

Intimidation is when someone tries to force you to do something by using threats or violence.

How to Collect Evidence of Intimidation:

Use the same steps that are set out in collecting evidence of harassment.

Sharing Intimate Images

An intimate image is a photo or video that shows you nude, semi-nude, or engaged in sexual activity. It is a form of digital dating violence if someone shows an intimate image of you to another person without your consent.

How to Collect Evidence if Someone Has Shared an Intimate Image of You:

If the images have been uploaded online, take a screenshot or screen recording of the post.
1. Do not alter the screenshot or screen recording in any way even though it will be tempting to cover up the contents of the intimate image that has been shared.
  1. Make sure to include the name of the person who posted the image in your screenshot. Take separate screenshots of the person’s profile as well.
2. Print out any screenshots that you take.
If the images have not been uploaded online, keep a written record of how you found out that someone had shared an intimate image of you.
1. For example, your friend tells you that your ex has been offering to show people intimate images of you. Keep a record of exactly what your friend said so that you don’t have to rely on your memory later.
If intimate images of you are being shared amongst other students at school, collect evidence on how your school has responded.
1. You should only do this once the school is aware of the issue. For instance, if you have told the school that a fellow student has been sharing intimate images of you, you should collect evidence of the school’s response.
2. Save or screenshot any communications that the school has sent you. Print out your screenshots.
3. Write down the details of the actions the school has taken in response to another student sharing intimate images of you. This can also include lack of action from the school.

Additional Resources for collecting evidence of dating violence from WSC’s Preserving Digital Evidence Toolkit are below:

Digital Dating Violence is part of a continuum of violence that can be both online and in-person. If you or someone you know is experiencing digital dating violence, you are not alone. Encourage them to chat with a trusted adult, connect with the Kids Help Phone to create a safety plan, or you can use sheltersafe.ca to find a shelter/transition house near you to discuss options and create a safety plan. You don’t need to stay in a shelter to access free, confidential services and support.

We gratefully acknowledge Sherry Xu, JD Candidate, Peter A. Allard School of Law, UBC for the creation of this document.

Preserving Evidence of Teen Digital Dating Violence