Nicosia, Cyprus. The appeals court has upheld a nine-month prison sentence imposed on a woman convicted of distributing intimate photographs and videos of another woman without consent.
Appeal dismissed
The judgment, made public on Tuesday, upheld the Nicosia district court’s decision to impose an immediate custodial sentence after finding no grounds to reduce or suspend the penalty.
The woman admitted distributing sexually explicit photographs and videos of the complainant to a third party and to the complainant herself.
Case background
The complainant had been involved in a relationship with the appellant’s husband. The appellant said she acted out of revenge after receiving the material from a co-defendant and had not created it herself.
In her appeal, she argued that the sentence was manifestly excessive and should have been suspended. She cited delays in the criminal proceedings, the circumstances in which she obtained the material and alleged provocation arising from the personal dispute.
Court reasoning
The court rejected the arguments, ruling that none justified a reduction or suspension of the sentence.
“The seriousness of the present offence has a direct impact on the dignity, psyche and psychological integrity of the victim,” the court said, noting that intimate moments were shared with third parties despite the victim’s expectation of privacy.
The court also said offences involving the distribution of intimate sexual material were increasing and that the trend justified more deterrent penalties.
Judges rejected the argument that the complainant’s conduct or the appellant’s motive of revenge should be treated as mitigating factors.
