Man 'lucky' to avoid jail for sharing sex tape, says judge

“CUSTODY was written all over this … you can count yourself lucky (injured party) has decided to accept your gesture of remorse, but really this behaviour is both contemptible, and can’t be put down as childish behaviour”.

So said a judge during the sentencing of a 24-year-old graduate who was convicted on 22 February 2024 for showing two friends a sex tape he made with his then girlfriend.

Investigating officer Garda Emma Dunlea took to the witness box in Naas District Court recently (21 May) to give the background to the case.

Garda Dunlea told how both were students at college at the time and in a relationship when the injured party “consented to making a video of them having sex”.

“While on holiday in (named European city) she became aware (the defendant) had shown it to (two named males),” she said.

“Just a few seconds were shown, not the whole video,” added Garda Dunlea.

“The video was deleted by the injured party, who was still going out with him at the time,” she confirmed.

“Did you ask him when you arrested him why did he do this?” asked Judge Desmond Zaidan.

“He said he didn’t know,” said Garda Dunlea.

“How did the injured party find out?” asked the judge.

“A male friend told her in (named European city) that he’d shown it to two friends on two separate occasions,” she said.

Defending barrister Jackie Healy cross-examined, and Garda Dunlea confirmed the convicted man had not previous convictions and had not come to garda attention since.

The injured party took the stand to give her Victim Impact Statement (VIS), and immediately said: “I apologise now, there’ll probably be some tears.” 

“I take it you’re no longer dating?” asked the judge rhetorically.

“This was four years ago, I was 19 years old, it was humiliating to me … the worst week of my life … a complete betrayal of my trust” said the young woman.

“When I look back at the 19-year-old version of myself I want to give her a hug.

“What he did made me question myself constantly … distrust relationships … no woman should ever have to go through that … I hope his parents are proud of what he has grown up as,” she said.

“Now it’s four years later and I’m stronger and I’m proud of what I’ve become.

“I want to send a message that has lasting consequences, and that no other woman has to face what I faced,” she said.

In mitigation, Mr Healy said his client was intoxicated at the time, and handed a letter into the court, a copy of which he read from.

“I caused you disrespect and distrust, and for that I am sorry.

“You deserved better, and for that I am sorry.

“I regret it every day.” Mr Healy then addressed the court, and said: “this was an abhorrent action, and awful crime for which he has pleaded guilty to for this horrific mistake”.

He gestured to the defendant’s parents in court and said that they had put together €5,000 as a “gesture of remorse for any charity of her choice, or for anything she wants to do with it”.

“This was a horrific crime,” he repeated.

Judge Zaidan then turned to Sergeant Dave Hanrahan and asked what sanctions were available to him for a breach of of the Harassment and Harmful Communications Act 2020, and was told “a maximum of 12 months in prison”.

“The €5,000 has been canvassed with the injured party, and she is willing to accept it,” he confirmed.

“I assume that video has been deleted?” asked the judge.

“I’ve had the phone tested and there is no evidence of it,” confirmed Garda Dunlea.

“Obviously, I’ve read the victim impact statement, and your client can count himself lucky (injured party) has decided to accept your gesture of remorse … but this behaviour is both contemptable and cannot be put down as childish behaviour,” said the judge.

“As she said when two people are in a loving, trusting relationship the big thing is trust, and (defendant) has crossed a line that shouldn’t be crossed.

“It’s hard to find words for such a breach of trust, there’s no reason why.

“I can only surmise that it was to show off, some bragging rights, it’s awful.

“(Injured party) has described her ordeal eloquently, with courage and dignity, which he didn’t show to her.

“(Defendant) if you had a sister, you wouldn’t like anyone to treat her like that.

“You are very fortunate you have no previous (convictions).

The described the €5,000 as a “token gesture”.

“Initially, I was mindful of sending this man to prison, not just as a message to you, but to all young people of consenting age.

“Having read the testimonials, and considered the evidence, I’ve reluctantly decided not to send him to prison.

“I’ll convict on one count, fine him €4,000, and give him six months to pay.

“Custody was written all over this, and I’ll leave it at that.

“The video is deleted, so that should put your mind to rest.

“If the €5,000 isn’t given to the victim today, you can re-enter next week,” said the judge to the sergeant, meaning the sentencing could be re-heard.

“And remember,” said the judge to Mr Healy. “The circuit has the power to override me, and send him to jail”.