Louis Arthur Wicherts sentenced for ‘revenge’ photo of woman’s ‘bare buttocks’ posted to Instagram
A woman was left “violated, intimidated and distressed” when she discovered a man had posted an intimate photo of her on Instagram.
A woman was left “violated, intimidated and distressed” when she discovered a man had posted an intimate photo of her on social media, which a judge called a “despicable act of revenge”.
Louis Arthur Wicherts, 44, has unsuccessfully fought to have his sentence downgraded for posting a photo of a woman’s “bare buttocks” on Instagram.
Downing Centre District Court heard on Thursday the woman came to discover the photo, posted on April 29 last year, through a friend who had seen the post.
Reading from agreed facts, Judge Graeme Henson said the image showed the victim in “various stages of undress, with the genital area clearly visible”.
Henson said the victim did not give permission for Wicherts to share it.
When the victim went to police to report it, she described feeling “violated, intimidated and distressed, understandably,” Judge Henson said.
“The clear inference to be derived from the facts... is that (it) was an act of revenge. That could be no other description to be applied,” he said.
“The conduct, mostly of men, in behaving in this particular fashion is not only despicable, it’s also widespread. The need for retribution in a matter such as this... (is) despicable course of conduct”.
On January 18, Wicherts was sentenced to 12 months imprisonment to be served in the community by way of an intensive correction order.
He had earlier pleaded guilty to one count of intentionally distribute an intimate image without consent.
Wicherts' defence lawyer, Mr Maxton, argued the sentence should be downgraded, submitting Wicherts' Instagram account was private and the photo was likely only seen by “a select few of people who (the victim) probably already knew”.
“If you’re taking into account the harm caused, the embarrassment caused, by the distribution of the intermediate image, then Your Honour would regard a publicised version of distribution as a more serious version of this offence,” Mr Maxton said.
“Because the one that is out for the view of the public to see is far more confronting and far more destructive to her dignity.”
He also submitted the victim was “saved” from giving “sensitive, confronting” evidence when Wicherts chose to plead guilty to the charge.
“(The facts were) subject to significant amendments and negotiations such that the situation that confronted Mr Wicherts at the point of his plea was very far removed from the situation that he was confronted with when first approached by the matter,” he said.
“So whilst it is conceded that this was a plea relatively late in the piece, I will still submit (that) Your Honour consider discounting it in the realm of 15 per cent.”
Judge Henson said there was an inconsistency in the facts, where an “s” had been scribbled off the end of “image,” suggesting there was more than one image “with her genital area clearly visible”.
Mr Maxton said that was an oversight and there was only one intimate image posted.
“The words ‘genital area’ were an incorporation of the dictionary definition, which does include the bare buttocks type area – it is not to suggest that her actual genitalia were exposed,” he said.
“It was not of the genitalia-type area, if I can put it that way.
“It was the young lady’s bare buttocks that was exposed, and I would submit that is of below mid-range for an offence of this category.”
Mr Maxton told the court Wicherts was sentenced to prison from to 2018 for a break-and-enter offence which was low in objective seriousness. He said there had been a “fairly significant gap in offending”.
But Crown prosecutor, Ms Gunton, opposed the sentence appeal application, telling the court it was an “intentional act... designed to embarrass the victim”.
“She did feel violated. And intimidated. It’s a serious matter,” she said.
The court heard Wicherts had struggled with drug and alcohol issues as well as mental health problems and was seeking help at a rehabilitation centre.
Ultimately, Judge Henson dismissed the appeal and upheld Wicherts’ original sentence.