Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
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.
To embed this post, copy the code below on your site
Never in all the years I’ve been on medication for depression has it made me covertly film me having sex and then upload it to the internet. Depression doesn’t make one a sex offender so stop blaming it.
@DaisyChainsaw: just thinking that. Coward of a man.
@DaisyChainsaw: I have never had either so wouldn’t know. But regardless, it’s a fairly cruel act, he’s a very lucky boy to get off like that!
@DaisyChainsaw: He is not a sex offender!!! He has been convicted under s10 of the Non-fatal Offenses Against the Person Act 97, which is harassment. You have just defamed this person and The journal.ie has published this defamatory comment. As they take, and respond to, complaints they are acting as more than a mere conduit. Let’s hope they don’t get sued.
@Darren Gray: Don’t worry Darren – I’m guessing that whoever posted that comment has a whole heap of perfectly reasonable excuses to explain their actions.
@Darren Gray: Glad to see you’re on the side of the pervert Darren. Says a great deal about you. Not a word about the poor woman. He uploaded the video twice. He got lucky. Should have been jailed in my view. I hope she’s sues him and gets everything. Pathetic human being and you defend his “reputation”. You’re a disgrace.
@Darren Gray: I imagine that filming someone without their consent, engaging in sex with them presumably on the basis that it was not being filmed and then putting it out there for the world to see could arguably be considered sex offending.
@Noirin Kavanagh: It is not a offence that is covered by the Sex Offenders Act 2001. You do not get put on the sex offenders register. Saying that someone is a sex offender is a serious accusation, especially with the level of stigma that is attached. Of course if feel for the complaint but people have to be very careful when they comment about criminal justice, especially when they don’t know what they are talking about.
@John R: Well, if you think that I’m a disgrace, then you are a coward. If you are so sure of your convictions, why do you hide behind a fake profile?
“Defence counsel said the 26-year-old offers no excuse for his actions.”
After which, the defence counsel proceeded to give a large number of excuses for his actions. Also, the whole totally out of character thing could not be forgiven, seeing as he did it twice!
Disgusting crime. Can’t imagine the torment and shame this woman has experienced. Hope things improve for her.
He should be jailed. Disgusting act.
The fact that he uploaded it twice shows how malicious his actions were. Total lowlife!
@Yvonne Nic Gabhann: to be sure, to be sure.
“had a profound affect”? I think mean effect!
@Rui Firmino: God I love a nice bit of irony on a Thursday afternoon
@Rui Firmino: Not to mention “The victim…. wrote a letter to Judge Dermot Dempsey to explain the untold damage..” How can it be ‘untold’ if she has just told him?
The defense council would have you believe the victim was wrong for abusing a vulnerable adult.
Pathetic justice system
Bit of a dope
Hysteria always goes into overdrive on here. It was poor form and has been dealt with accordingly. If he does it again he should be dealt with in a harsher fashion.
@Flip off: He did it twice
@Flip off: “poor form”. Words elude me. I hope you don’t have a daughter, a wife or sisters. Poor form! Yours so up your own ass you should live there.
I’m sure that sentence has really taught him a lesson. Complete bull$hite. No deterrent for future tools.
Ha ha ha, only ten minutes? Scarleh for him!
Define Porn
@_doesnotcompute: it says sexual intercourse (f#cking) not hugs and kisses!
@Clare Maurer: Nope, try again
@Steve Hardy: When a man and a women love each other very much….
@Steve Hardy: Why do you require a definition of porn? Doesn’t say offender made “porn”. It states he uploaded a video onto a porn website.
@Clare Maurer: Didn’t realise I’ve been a porn star all these years!
That poor woman. You trust someone enough to literally let them inside your body and then they do something cruel and humiliating like that. Hope he feels 100 times what she must have felt now that everyone knows he’s such a creep.
have your say