Man who filmed woman performing sex act on him is found guilty of voyeurism

Harry Evans (23) of Ballyronan Road, committed the offence on July 6, 2019. During a contested hearing at Derry/Londonderry Magistrates Court, the victim gave a distressing account of what occurred, but Evans declined to give evidence.

She described attending an event with her friend, but at some point they became separated. While looking for her, the victim met Evans who she knew vaguely but was never in a relationship with.

He bought her a few drinks and after a while she went to the toilets which were in a portable building, “hoping he would be away” when she returned.

Instead, Evans followed her into the cubicle but she managed to push him out and lock the door.

When she then opened the door to leave, Evans re-entered.

She told the court, “He was kissing me and pulling my hair, in a sexual way as opposed to violent. But I’d already pushed him out. I didn’t want him in the toilet. It was scary. I pushed him away again and he referred to me as a mare. He said ‘stand up you old mare’.”

In order to get him away she performed a sex act which he filmed on his phone.

There was text contact between them for a few days in which Evans asked her to go for a drink.

She declined and enquired about the video which he assured had been deleted.

However, on September 5, 2019 the victim encountered a friend of Evans in a shop.

He proceeded to show her the video on his phone, having sent it to himself after accessing Evans phone, and claimed others had seen it.

Horrified, the victim reported the matter to police.

She stated: “I felt disgusted and ashamed. My initial thought was for my children and if there’s a video out there of me, they could see it. That was my main concern.”

On the sex act itself, the victim stated: “I was scared. It was fight or flight. It was my reaction to get rid of him.

“Whether that was right or wrong, it was just to get rid of him. I didn’t want him in the toilet.”

She was left traumatised and required intensive counselling.

The video was played to the court, but not before a warning was issued on the “graphic” content and that anyone who did not wish to see it should leave.

When the video concluded, District Judge Barney McElhome said, “This a very serious matter. The victim encountered this man in a shop and became aware the video she had been told was deleted, had in fact been sent to him and was on his phone.

“Quite rightly she got upset and was realistically worried about a video being passed about. Not only had the man seen it, he was cheerfully going around showing it to others, although did not send it.”

Describing the other man as “a largely worthless individual”, Judge McElhome found Evans guilty adding, “He played his part as well. There was no justification for this. It was an awful thing to do. Short of sending him straight to prison I will adjourn for a pre-sentence report.”

Evans was ordered to return for sentencing on May 6.