A Donegal woman has been spared a conviction after sharing a naked photograph of her ex-partner on social media.
The woman, who is in her 30s, appeared before Letterkenny District Court.
The court heard that a man contacted Gardai in 2021 to report that his ex-partner had posted a fake photograph of him on her Snapchat story.
Gardai met with the man and took a statement as well as screenshots of the offending content.
The woman, who cannot be named for legal reasons, was interviewed by Gardaí and acknowledged that she uploaded the image.
Sergeant Jim Collins told the court that the woman told investigating Gardaí of a number of allegations. She told the Gardaí that the man had put her and her family through a tough time and this was a frustrated reaction.
Mr Donough Cleary, solicitor for the accused woman, said that the man had set up a Tinder account and this image was his profile picture on that platform. Mr Cleary said the accused woman had received the image from someone else – “it was cast up in her face by persons who perhaps had issues with him”, he said.
Judge Éiteáin Cunningham said that the fact remained that nobody should be sharing anything of another person without their prior knowledge and consent.
“It is something that this Court does not condone in any shape or form and we see it time and time again,” Judge Cunningham said. “It is not something that is acceptable, irrespective of whether you received it from someone or not. It is not acceptable to share it with anyone.”
The woman was charged that in April, 2021, at a place unknown in the State, she did publish an intimate image of another person, to wit a naked picture/video without that other person’s consent and with intent to cause harm or being reckless to whether or not harm is caused to the other person.
The charge is contrary to section 22 of the Harassment, Harmful Communications and Related Offences Act, 2020.
Sergeant Collins told the court that the man did not wish to submit a victim impact statement.
Mr Cleary said this issue only became an offence two months beforehand and said there were “significant issues” ongoing as her family had been the victim of “some unpleasant behaviour”. The woman cannot be named due to other matters that are ongoing in the background, the court ruled.
Mr Cleary said his client was not proud of what happened, but said it happened in the context of what was going on in the relationship.
Judge Cunningham said she deemed it a serious offence and noted that the woman has no previous convictions and has not come to adverse attention since.
“Social media platforms should not be used in this way, without the prior consent of the individual,” she said.
Judge Cunningham said she would, on this occasion, give the accused the benefit of the Probation of Offenders Act, adding: “Notwithstanding my comments, which I hope she hears loud and clear.”
Coco’s Law, officially titled the Harassment, Harmful Communications and Related Offences Act 2020, came into effect in February 2021 and criminalises the non-consensual distribution of intimate images, including threats to share such images, with the intent to cause harm.
Named in memory of Nicole ‘Coco’ Fox, a young woman who died by suicide following sustained online abuse, the legislation was introduced following a national campaign led by her family.
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