Belfast Crown Court heard the female victim is now “sadly deceased” and the three defendants initially faced more serious sexual offences
Three men who admitted filming a woman engaging in sexual activity without her consenting to the recording were today told by a Judge “you should hang your heads in shame.”
The trio were all handed 12-month sentences which were suspended for three years by Judge Patrick Lynch KC.
Nathan Howard, 28, from Cairndale in Belfast, 24-year old Jason Lewis of Harmin Park in Newtownabbey and Jack Thompson, 23, from Boyne Row in Maghera were sentenced for a single charge of voyeurism dating back to June 2022.
Belfast Crown Court heard that the female victim in the case is now “sadly deceased” and that the three defendants initially faced more serious sexual offences which were ultimately not proceeded with.
On the evening of June 4, 2022, the three men went back to Howard’s flat with two females, one of whom was the victim. Alcohol was consumed by all five and during the course of the evening, sexual activity occurred between the victim, Howard and Thompson which was recorded by Lewis on a mobile phone.
All three men were aware that the recording was taking place, which captured a sex act. When the victim became aware she was being recorded, which she did not consent to, she dialled 999.
Police arrived a short time later, the three defendants were arrested and mobile phones were seized. During his interview, Lewis said he didn’t know the victim prior to that evening and that he was asked by one of his co-accused to record the sex act, which he did.
When he was interviewed, Howard initially denied any sexual activity had taken place with the victim – but later said he had been involved in a threesome. In his interview with police, Thompson admitted the sexual activity and when asked if he was aware it was being recorded, he said he couldn’t recall.
Crown barrister Rosemary Walsh KC told Judge Lynch that during the course of offending, which was “fuelled by alcohol”, several short videos were recorded. Ms Walsh said that whilst engaged in sexual activity, the victim “becomes aware there is a recording” and it is apparent from her reaction that she “didn’t want such recording to be taking place”.
This, Ms Walsh said, was repeated both when the “distressed” victim made the 999 call in the immediate aftermath and to police who attended the scene a short time later.
The prosecutor confirmed there was no evidence that any of the “very explicit” footage had been “disseminated”. Ms Walsh added that the female victim “has sadly deceased subsequently.”
Howard’s barrister Richard McConkey KC spoke of his client’s limited “cognitive abilities” and a lack of relevant previous convictions. Eoin Devlin KC, representing Lewis, said his client was “extremely distraught” by what he did and said there has been no re-offending since June 2022.
Thompson’s barrister Neil Connor KC told Judge Lynch all the parties involved, including the victim, had “over-indulged” in alcohol and that his client “apologises for his involvement.”
Regarding the victim, Judge Lynch said that as she is now deceased there was no Victim Impact Statement where she could have expressed the affect the offending had on her. Instead, the Judge referred to a statement written by her father. In it, he described his daughter as a “bright and bubbly girl” who was “the life and soul of any gathering.”
Saying his daughter was loved and missed by all of her family, her father said: “Hearing about what happened to her, I felt totally disgusted and sick to my stomach.
“I cried for days at the hurt and pain that she went through … I find myself lying awake at night thinking of the callous nature that these men treated her with.”
Turning his attention to the three men in the dock, Judge Lynch told them all to stand then said: “You should hang your heads in shame as to what you did that night.
“That girl was extremely drunk and you shouldn’t have taken advantage, even with what I have to accept was a consensual situation. You humiliated her to the extent of taking videos and you have heard the distress this has caused to her family in this case.”
As well as imposing the suspended sentence, Judge Lynch placed all three on the sex offenders register for ten years.
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