In the first case of its kind, a woman who suffered chronic psychiatric injury after her boyfriend betrayed her trust and posted covertly taken naked photos of her online has been awarded almost £100,000 in compensation.
The woman formed what she believed to be a romantic relationship with the man and moved in with him in the hope that they would make a life together. That was until she found a microscopic camera concealed in the bathroom. He had taken images of her naked in the shower and sleeping topless.
He had uploaded the images onto a pornographic website, alongside a photo of her face which was recognisable to all who knew her. There were indications that he had been paid for doing so. There was a high likelihood that the images had been replicated and disseminated elsewhere on the internet.
The man was later convicted of voyeurism and other sexual offences, receiving a suspended sentence. He was ordered to sign the Sex Offenders’ Register for 10 years. The woman subsequently launched a damages claim against him, alleging that he had breached the obligation of trust and confidence he owed her and misused her private information.
Ruling on the matter, the High Court noted that it was believed to be the first case of its type to come before a civil court in England and Wales. Although such behaviour was frequently referred to as ‘revenge porn’, the term was inappropriate in that it conveyed the impression that a victim in some way deserved what happened to them. It was more accurately described as image-based abuse.
Judgment had been entered against the man after he submitted no defence to the claim. His betrayal of trust was all the greater in that he knew that the woman was a committed Christian who believed in sexual abstinence until marriage. As a result of what he did, she suffered chronic post-traumatic stress disorder and an enduring personality change.
The impact on her was profound and akin to that of a sexual assault. Becoming reclusive, she shied away from human contact and changed jobs so that she could work from home. She refrained from forming new personal relationships and had experienced great difficulty in trusting others.
The man was ordered to pay her £60,000 in general damages for her pain, suffering and loss of amenity. Together with various expenses – including fees for therapy and the estimated £21,600 cost of professional attempts to remove the offending images from the internet – her total award came to £97,041.