A lawyer who released a video of them having sex to her coworkers caused the businesswoman to feel suicidal but escaped jail.
David West, 38, who claimed to be preparing for a defamation lawsuit, was granted access to the film after submitting a digital access request.
He forwarded the film back to generic inboxes at her employers after getting the clip in one of hundreds of emails, knowing that many others would be able to see it.
At Truro Crown Court, the senior litigation consultant, who makes £43,000 a year, pleaded guilty to sending a malicious communication with the purpose of inflicting pain or concern.
The woman had been corresponding with West through her work email, according to the prosecution’s Nigel Wraith, who testified in court.
However, he pledged to “retaliate in epic proportions” in response to reports that he had been called “a thief” in later emails.
After that, West sent the woman’s company a digital subject access request (DSAR), requiring them to give all information they had on him, including any emails they had exchanged.
Numerous emails were forwarded to him, one of which showed West and the victim performing an intimate sex act.
West had fraudulently told the lady in the private email that he did not want any sex images of her, but he had also included the film and said she may add it “to your collection.”
After obtaining the video in response to his data request, West forwarded it back to her organization as an attachment to a generic corporate email account, knowing that other people would view it.
She was humiliated that others could have seen it when she got the email informing her of what had occurred, according to Mr. Wraith.
She was really unhappy and embarrassed when she arrived to the police station.
West knew the email with the sex video attached would be read by her supervisors when she filed a second digital topic access request to the multinational company the victim worked for later that day.
In a “petulant and juvenile” behavior, West intentionally sought to cause the victim concern and suffering, according to Michael Brown, the defense attorney.
The lady wept as she stated, “David accomplished what he said he would, publicly humiliate me,” in a victim impact statement. Never have I felt so degraded.
“I started to feel suicidal, unable to face people, ill, unable to fall asleep, and nervous all the time.” He achieved his goals.
“The reputational harm placed me and my company in dire straights.”
She described how her firm suffered disastrous financial consequences and how she and her daughter almost lost their homes.
As she handed down the verdict, Judge Anna Richardson said that West had caused the victim “immense psychological suffering” and that she had felt suicidal as a result of the humiliation she had endured.
You sent the victim menacing emails and sent her employer a digital subject access request, she continued.
You appear to be implying that the request was made in order to determine if you may file a defamation lawsuit. I’m not sure how having access to business emails would have been helpful in this situation.
The victim and her business had to go through several emails as a result. You said in an email that was very manipulative that you didn’t want any private videos. You wrote an email intended to defame her while also creating a misleading image.
The judge explained to the jury how West submitted the request with the sex tape attached, knowing that other company employees would view it.
You wrote a very deceptive email stating that you didn’t want any private videos, she continued.
“You wrote an email intended to defame her while also creating a misleading image. Your actions seriously hurt people’s mental health.
West, of Hayle, Cornwall, received a 57-week prison term with a two-year suspension.
Additionally, he was mandated to pay £1,000 in court expenses and £2,000 in compensation to his victim. He was forbidden from contacting her for a period of five years by a restraining order.
Given that the offense was committed in 2018, and that he had no relevant prior convictions, the court heard that West had a minimal risk of reoffending.
West, who describes himself as an employment lsw consultant on Linkedin, was legally cleared of sharing a private sexual image or video without the victim’s permission.