‘Revenge porn’ culprit avoids jail

Appalled judge orders community service for ‘despicable’ act after early guilty plea

An Auckland man has narrowly avoided jail after being convicted over an “appalling and despicable” revenge porn attack on his exgirlfriend.

And the judge who sentenced him has a strong message for those posting or thinking of posting similar “despicable” content — “you will be held accountable and you will be punished.”

A North Shore 29-year-old appeared in the North Shore District Court this week for sentencing after earlier pleading guilty to causing harm by posting harmful digital communications.

The Herald has chosen not to name the victim in this case — meaning the offender, her ex, cannot be identified.

Judge Jonathan Down said the offender and his victim began a relationship early last year but broke up in March this year.

During the relationship, the victim agreed for her then-boyfriend to make intimate visual recordings.

In July, the victim became aware that one of the recordings had been uploaded to a website called Pornhub.

Judge Down said the offender published his victim’s name in the title of the video, which also included the words “dirty whore”.

Eleven days later, the victim found a second video, again with her name in the title.

Judge Down said both videos were posted without her consent.

“It was possible not only to identify her by direct reference of her name — but . . . because of her tattoos which were visible.”

The Herald understands all of the footage has been removed.

Judge Down said the offender “became bitter” when his relationship ended, but that was no excuse.

“The development of the internet has led to the prevalence of individuals taking advantage, like you have, of apparent anonymity, to cause harm and embarrassment to others,” he told the offender.

“It is a despicable activity — in any of its varieties, this has to be the worst.

“To upload footage of someone involved in intimate sexual activity and their naked, exposed body in a situation where you are no longer in a relationship with that person is the most . . . despicable breach of trust.”

Judge Down said the offending, which had been “characterised as revenge porn” was becoming alarmingly prevalent.

“It is necessary . . . for the court to send a strong message so that other

To upload footage of someone involved in intimate sexual activity [is a] despicable breach of trust. Judge Jonathan Down

people in the community understand that simply sitting behind their computer and causing harm to others is not going to be tolerated,” he said.

“The repetitive nature of your offending against her and the description of her in the most [ disgusting ways] is certainly as serious — if not more serious [than previous cases of revenge porn in New Zealand].

“Had it perhaps not been for a line of authority by which I am bound, you might have found yourself being sent to prison.”

The court heard that the offender had previous convictions “running into five pages”.

But they were mainly for dishon- esty offending, drugs and not related to harmful digital communications.

Judge Down said given the gravity of the offending, a sentencing starting point of 12 months in prison was appropriate.

However that would be reduced to nine months after a discount for an early guilty plea was applied — meaning the offender would only serve four and a half months in jail.

“Rather than that, I will keep you in the community so you can contribute to that community though your work and your paying of taxes and so you can provide for the interests of the victim by paying her reparation,” he said.

He sentenced the man to six months community detention with a curfew from 7pm to 5.30am so he could attend his full-time job.

He also ordered the man to pay his victim $3000 in reparation for emotional harm at $75 per week.

The offender’s lawyer Geoffrey Anderson said his client had “acted in the most appalling way”.