A Perthshire farmer who shared an intimate video of his ex-partner without her consent has been spared jail.
David Stewart was convicted under new revenge porn legislation.
Perth Sheriff Court heard how he sent a video of himself and an old flame involved in a sex act to his new partner.
Police were called when the girlfriend tracked down the ex and told her what had happened.
Stewart, from Blackford, appeared in the dock on Wednesday, his 31st birthday, and admitted disclosing the film of an ex-girlfriend without her consent in May last year.
The charge – a breach of the Abusive Behaviour and Sexual Harm Act – states he was reckless as to the fear, alarm or distress caused.
Consensual act
Fiscal depute Stephanie Paterson said the woman featured in the video had been in a “casual” relationship with Stewart.
The woman, dressed only in her underwear, was filmed – with consent – for 90 seconds performing a sex act with Stewart at her home address.
Mrs Paterson said about a year later, the relationship came to an end.
“The complainer sent Mr Stewart a message, asking for all videos taken of her to be deleted.
“The accused agreed to this.
“She gave him no consent to share or retain any media of her engaged in a sexual act.”
By May 2023, Stewart was in a new relationship, the court heard.
His girlfriend asked him during a text exchange if he had any intimate videos of himself.
“Mr Stewart immediately sent the aforementioned video,” Mrs Paterson said.
“The new partner did not know the complainer.
“She watched the video and it was then deleted from the chat.”
Tracked down ex-partner
About nine months later – on March 27 this year – the girlfriend traced the woman in the video after making some online enquiries.
“She messaged the complainer and advised that she had been sent the video by the accused,” the prosecutor said.
“The police were contacted.
“Later that day, the complainer sent a Whatsapp message to the accused about what had been disclosed to her.”
He replied: “I have never and would never send that to anyone.”
Mrs Paterson said: “He stressed that he had deleted the video.”
Police questioned Stewart on April 9 and asked if he had shared the clip.
He replied: “Basically yes, I don’t know what to say, it was a stupid error.”
Foolishness
Jamie Baxter, solicitor for Stewart, told the court: “He accepts he should not have done this.
“He has no intention of behaving in such a manner again.
“Mr Stewart has demonstrated insight into the impact that this would have had on the complainer and that does appear to be genuine.”
Sheriff Alison McKay told Stewart: “This particular piece of legislation which you have contravened is designed for situations where people deliberately circulate material of former partners to cause upset and embarrassment.
“However, this appears to be more as a result of foolishness and recklessness on your part.
“In the circumstances, I am satisfied I can deal with this with an alternative to custody.”
Stewart, of Drumlochy Farm Cottage, was fined £675.
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