A MAN who uploaded a video of him and a woman having sex onto a porn website, without the woman’s knowledge, has avoided a prison sentence after he was deemed suitable for community service work.
Judge Dermot Dempsey said it was a ‘despicable act’ Karl Bailey (26) committed, causing his victim untold damage.
He uploaded the footage twice within three weeks without the other person in the video knowing the video was even made.
Bailey had ‘no excuse’ as to why he uploaded the video to pornsite Pornhub.com and is “ashamed, disgusted and embarrassed” for his actions, Balbriggan District Court heard.
The victim had no knowledge the 10 minute video, which clearly identified them having sexual intercourse, had been made and Bailey’s actions have had a profound effect on her, the court heard.
When gardaí were made aware of the video on the website by the victim they contacted the website to have it removed.
After the video was removed, the defendant uploaded the video again within three weeks, Detective Colin Fitzpatrick told the court.
The defendant only removed the offending video after the victim and her family contacted him.
He made full admissions to gardaí that he uploaded the video on two occasions.
‘Untold damage’
The victim, who did not appear in court, wrote a letter to Judge Dermot Dempsey to explain the untold damage and significant profound effect the incidents had on her.
Bailey, of Balbriggan Road in Skerries, Co Dublin pleaded guilty to harassing the woman under Section 10 of the Non-Fatal Offences Against the Person Act, 2007.
Defence counsel said the 26-year-old offers no excuse for his actions.
“He has been suffering from depression for some time and has been prescribed medication,” counsel said.
Counsel also said the defendant has been attending counselling to deal with his issues and conveys his apologies to the victim.
“He is ashamed and embarrassed and it was completely out of character,” counsel said.
“He is most apologetic to the victim and her family,” the solicitor said, stating the defendant is willing to come up with compensation if the victim is willing to accept it.
“He is taking the matter extremely seriously. He was using the website as a means of escape as he has difficulties dealing with his emotions.”
When Judge Dempsey questioned why he put the video up a second time, counsel said Bailey was not aware it was the gardaí who requested it to be taken down the first time.
A probation report handed into court stated the defendant didn’t realise the seriousness of what he had done until it was brought to his attention.
The Probation Services deemed the defendant’s risk of re-offending as ‘low’ and deemed him suitable for 240 hours of community service work in lieu of four months in prison.
Handing down the order and placing the defendant on a probation bond for one year, Judge Dempsey also ordered the defendant to continue with weekly counselling sessions.
“Personally I find it hard to believe he didn’t realise the seriousness of what he did. It’s a very serious matter with serious consequences. He needs to grow up and mature a bit,” remarked Judge Dempsey.
“This is a despicable act that has caused untold damage to the victim,” he added, and ordered €2,000 in compensation to be paid over to the victim.
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