Owen Lees sentenced after intentionally recording sex without consent on Snapchat
A young man recorded sex with a woman without her consent – before showing the video to a friend.
North Shore
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A drunk hospitality worker recorded consensual sex with a woman without her consent, before gloating about it to a friend.
Owen Lees, 20, pleaded guilty to intentionally recording an intimate image without consent and faced Hornsby Local Court on June 12.
The court heard the Lees and the victim, a woman about the same age as Lees, engaged in consensual sex in June last year.
The court heard Lees was drunk at the time he opened his phone and began filming the consensual sex using Snapchat.
The victim left after the intercourse, oblivious to the fact her privacy had been breached.
Lees later gloated to a friend that he had slept with the victim – showing his friend the Snapchat recording.
“Look at this,” Lees said to his friend, who refused to watch beyond 10 seconds, as heard in court.
The woman became aware of the recording on December 22, and subsequently reported it to police.
Lees applied to have his matter dealt with under mental health legislation, but was rejected by Magistrate Alexander Mijovich on the grounds Lees had acted due to intoxication, rather than mental health.
The court heard Lees claimed he had no recollection of recording the woman.
Prosecutor Sergeant Denise Vavayis said the offence was “compounded” by the fact Lees had shown it to a friend.
“There’s a public expectation that those who commit crimes like this should be held liable for their behaviour,” Ms Vavayis said.
Lawyer Mr Brown said Lees recognised it was a poor decision and said it was at the lower-end of seriousness for this type of offence.
“Unlike intimate images where pictures of someone naked – this is essentially a blacked out screen with a soundtrack, and no real identifiable victim,” Mr Brown said.
Mr Mijovich rejected this submission.
“The fact the image is blurred and dark I don’t take anywhere – that’s perhaps luck and fortune. But I have to deal with intent,” he said.
“This is the ultimate betrayal, it goes to the very heart of an individual,” Mr Mijovich said.
He said the victim would have felt immense stress as a result of Lees’ actions.
Mr Mijovich said the witness’ reaction to the video – having to walk away – displayed the clear moral issue.
Mr Brown said Lees had taken steps to address his alcohol issues, and was now medicated.
Mr Mijovich said non consensual recording of sex was “for some reason prevalent among young people”.
“The message needs to get out that it’s not acceptable. I don’t know who picked 18 as the magic age when people grow up,” he said.
Mr Mijovich said he was initially looking at a seven month custodial sentence, but would give Lees a chance given his youth and lack of prior record.
“This offence brought to surface some issues and you have family supporting you,” he said.
Lee was convicted to an 18 month community corrections order and was ordered to undertake 125 hours of community service work.
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