Carronshore offender made private sex session public when he showed video to pals

Unfortunately for Jack McDuff (20) someone was filming him when he showed the video to his friends and then the footage of his pals’ reaction to the video – which displayed the video as well – was posted on social media.

McDuff appeared at Falkirk Sheriff Court last Thursday having admitted disclosing the video showing the woman in an intimate situation and causing her fear, alarm and distress between February 1 and February 27, 2020.

Rose Wilson, procurator fiscal depute, said: “The complainer knows the accused through mutual friends and was in a short sexual relationship with him for five or six weeks.

"They began speaking on Snapchat in December 2019 and it was arranged that the complainer would attend at the home address of the accused on December 27, 2019.

"She then engaged in consensual sex with the accused. She noticed the flash was lit on the accused’s phone and believed he was recording them having sex.

"The complainer stayed the remainder of the night and then left. They continued to exchange messages on Snapchat and again arranged to meet up on December 28 at a Premier Inn.

"While at the hotel the complainer and the accused engaged in consensual sex. She became aware he had his mobile phone out and she asked him to stop recording, however, he stated it was for his personal use only.

"In February 2020 the accused and a few friends were in the address consuming alcohol and were showing each other videos from their mobile phones. The accused showed them the video from his phone which showed engaging in sex with the complainer.

"The complainer was made aware by colleagues there was a video of her on the accused’s Snapchat, showing the reaction of other males to the accused showing them the clip.

"It was of his friends’ reaction, but the video on Snapchat showed the actual video of them having sex. She was upset by this and later reported the matter to police.”

Defence solicitor Murray Aitken said: “He didn’t wish for this to go out for other people, but it was reckless of him to show it to his friends. Someone else made it public, it was never his intention it was made public.

"He was in the company of his friends showing it. He got it removed from the sites and did what he could to avoid any further distress to the witness. This was young, immature behaviour, as opposed to anything deliberate.”

Sheriff Derek Livingston said: “Here is an 18 year-old – at the time – who is boast to his friends about having sex with this girl. This was extremely reckless – you disclosed to your friends something that was an entirely private matter.

"Something you said you were recording for your own personal purposes. It must have caused her distress.”

Sheriff Livingston ordered McDuff, 24 Moffat Avenue, Carronshore, to pay £750 compensation to the woman at a rate of £200 per month.

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