A jilted lover has been jailed for posting nude photos of an ex-girlfriend online along with her name, phone number and a suggestion she was available for sex.
In the Tauranga District Court yesterday, Judge Paul Mabey QC sentenced Tyla Brittin (21) to one year in jail under the Harmful Digital Communications Act 2015.
Britten had earlier pleaded guilty to posting the photos on a public website with intent to cause harm.
Judge Mabey said the accused intended to belittle, hurt and embarrass the victim.
"That was your purpose."
Reading from a victim impact statement, Judge Mabey said the woman had been humiliated.
"She has lost her appetite and lost her self-confidence," he said.
"She says, 'He took a part of me and destroyed it. I wake up from nightmares about this crime. He has destroyed the person I have spent my entire life working towards being'."
The court was told Brittin entered into a relationship with the victim and communicated with her by phone and through text messages before the two met.
"During that time she took naked pictures of herself and sent them to you," Judge Mabey said.
"As the relationship grew, you became intimate with each other. Problems arose, and your relationship ended against your will. You wanted it to continue."
After the relationship had ended, a friend of the victim alerted her to the photographs, which had been posted on an R18 website.
Her name and phone number were also published.
Judge Mabey said the woman then began to receive text messages and phone calls asking for sex.
"They have caused her to become mentally and emotionally stressed."
The woman changed her phone number so she would stop receiving messages.
A pre-sentencing report said Brittin had been using cannabis, had a mental breakdown during the offending and there were attempts at self-harm.
Brittin's lawyer requested community work and home detention for his client, but Judge Mabey said he was not going to adopt that recommendation.
"This man is going to jail," he said.
Judge Mabey considered whether the digital communication was anonymous, the extent of the circulation and the context in which it appeared.
"It appeared that in response to the breakdown of the relationship, you were portraying this young lady as someone who was available for sex and gave her phone number.
"She sent the photos to you in the context of a personal relationship. They were for you only. Whether she was wise to do so is not the issue.
"They were sent to you in a relationship of privacy and you betrayed that trust in the most vile way."
Judge Mabey gave Brittin credit for having no previous convictions, his age, his remorse and his early guilty plea.
Judge Mabey said home detention would send the "entirely wrong message" to potential offenders.
Brittin was also granted six months' release conditions to attend and complete a drug and alcohol rehabilitation programme and departmental programme.
Outside court, NetSafe Outreach director Sean Lyons was pleased with the sentence and said it reflected the seriousness of the offending.
"We have said this is very real, the harm is very real and the impact is very real."
He said if people found pictures posted without their consent they should take action.
"Do not put up with it, take action, talk to the police talk to people about it."
NEED HELP?
• Contact NetSafe on 0508 NETSAFE (0508 638 723)
• Report harmful contact on the website www.netsafe.org.nz
