Man sends intimate images without consent of woman in first case of its kind in Limerick

A MAN has appeared in court for publishing intimate images without consent, which is understood to be the first case of its kind in Limerick.

It is contrary to the Harassment, Harmful Communications and Related Offences Act which came into law in February 2021 - just months before this offence occurred in August, 2021.

The man, who cannot be named due to reporting restrictions at this time, also pleaded guilty to assault causing harm after, the court heard, the victim sustained a nasal fracture having been punched by the accused.

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Prosecuting barrister John O’Sullivan, instructed by State solicitor Padraig Mawe, outlined the evidence in Limerick Circuit Criminal Court with the assistance of Detective Garda Peter Connolly. Mr O’Sullivan said the accused, who is a non-national, is aged in his thirties and the victim is in her twenties.

“He had fixed her phone three times and that’s how she got to know him. She got a Facebook message from him the day before asking her to call to his apartment in Limerick.

“She did not know him that well. She said he was already drunk and had smoked a joint of weed. He had music playing. She drank vodka and he drank beer and vodka. She said he started acting weird - in her face when he was talking,” said Mr O’Sullivan.

The court heard the accused punched her with his fist in the bedroom.

“She screamed, ran into the hall and pressed the fire alarm to alert neighbours. He (accused) came out and told her to shut up. She said she kind of blacked out. She remembers seeing blood on the wall. 

“She said he hit her again in the hall. She thinks she might have knocked over his TV but she didn’t do it on purpose. She said she was in agony and had never been hit like this before,” said Mr O’Sullivan.

Gardai were called and found the victim bare-footed lying on the footpath outside the apartment block.

“The garda said she had a swollen lip, bloodied face and her nose was visibly displaced. She was taken to hospital. 

“Gardai noticed a trail of blood leading from the elevator to the apartment where they were met by a black slimly-built male. He invited gardai in and agreed to be searched. He denied causing her any harm and said her injuries were caused by her ‘falling around’ The garda saw an injury to a knuckle on his right hand,” said Mr O’Sullivan.

Mr O’Sullivan said the accused was arrested and during interviews with gardai told them they had an intimate relationship that night and she got her injuries from falling all over the place.

“He said she started hitting him and he started hitting the wall. He acknowledged he had taken intimate pictures of her. He said he was angry that the victim had made a mess in his apartment,” said Mr O’Sullivan.

The prosecuting barrister said in later interviews the accused took full responsibility for her injuries and acknowledged sending intimate photos of her to a friend. 

“He claimed she was awake when he took the photos. He said he did not feel good when he saw the photos. He acknowledged she was in a vulnerable position and was extremely intoxicated,” said Mr O’Sullivan.

The court heard the photos were of the naked bottom half of her body and they were sent by the accused to a friend via Facebook Messenger.

Mr O’Sullivan said the victim did not consent to these photos being sent to a third party.

The woman declined to make a victim impact statement.

Mr O’Sullivan said the accused had been in Ireland for about 10 years at the time of the offences and was working in a phone repair shop. He has one previous conviction for public order.

Donal Cronin, barrister for the defendant, put it to Det Garda Connolly that both parties became progressively drunk. The detective agreed.

Mr Cronin said his client co-operated, allowed gardai into his apartment, gave them his phone and pin code, and volunteered information about the intimate photos. “Yes,” said Det Garda Connolly.

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The barrister said, in mitigation, that his client is embarrassed, ashamed and apologises.

“He instructs me he is not a violent person and it is extremely out of character. He can’t really explain it. He is relieved there are no lasting injuries.

“In respect of the photographs, he acknowledges that what he did was wrong,” said Mr Cronin.

Judge Colin Daly said he has much to consider and adjourned sentencing to May 26.