A dentist has failed in a legal bid to quash his conviction for posting intimate photos of his former partner on a swingers’ website.
The professional – who has not been named – instructed lawyers to appeal his Dundee Sheriff Court conviction for breaching the Abusive Behaviour and Sexual Harm Act.
The Sheriff Appeal Court in Edinburgh heard how he posted images of his former lover on a website called fabswingers.com.
He had been in a relationship with the woman for four years and had posted the images without her consent before splitting up in October 2020.
The court heard how the dentist was caught after sending a “friend” request to his girlfriend’s pal, who also had a profile on the website.
She accepted the request, noticed the pictures and told her friend about the images.
A sheriff at Dundee Sheriff Court gave the man 180 hours community service and ordered him to pay £500 compensation.
The then-25-year-old was also ordered to be supervised by the authorities for 12 months following the August 2022 proceedings.
‘Breach of trust… for personal gain’
Defence advocate Sean Templeton told the Sheriff Appeal Court his client’s behaviour did not pass legal tests needed to convict him.
He argued the man had made a mistake and had taken down the images after learning of his former partner’s disapproval.
The conviction left him concerned he would no longer be able to practice as a dentist.
However, in a written judgement published by the court, Sheriff Principal Aisha Anwar upheld the decision made by her colleague at Dundee Sheriff Court.
Sheriff Principal Anwar wrote: “The complainer entrusted the appellant with intimate images with the expectation of privacy.
“Once the appellant chose to disclose the images on the website, the appellant was able to provide users with access to them.
“He had no control over what other users might have done with them.
“He ought to have been aware of the possibility that the images might also be shared more widely or that they might find a way back on other internet platforms or social media to the complainer or those she knew.
“The offence involved a breach of trust over a period of time, for personal gain.
“It was not a momentary lapse of judgement nor an ill-judged reaction to a situation or provocation.”
Absolute discharge submission
The dentist was convicted of breaching the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, “aggravated by involving abuse of your partner or ex-partner.”
The judgement tells of how the dentist and his former partner took “explicit and intimate photographs” of each other “naked and participating in sexual acts” for their private use.
The male uploaded images to the website between March 2018 and June 2020 to make his own profile more attractive.
Arguing for an absolute discharge, Mr Templeton pointed out only one image contained the complainer’s face and his client had taken steps to “obscure her eyes.”
He had not expected the complainer to view the images and they were “not readily available to the general public at large as users of the website required registration and permission to view them,” he said.
Career not an issue for court
Sheriff Principal Anwar wrote: “The appellant was not motivated by a desire to embarrass or humiliate the complainer.
“He is genuinely remorseful.
“He was however motivated by a desire to further his own ends; to gain popularity on the website by uploading what he considered to be images which would make him more attractive and appealing to other users.
“In so doing, he failed to give thought to, or was indifferent as to the foreseeable effect upon the complainer of such a disclosure.”
Sheriff Principal Anwar wrote the the dentist’s career prospects were not an issue for the court.
She added: “Whether he is able to practise will be a decision for the General Dental Council.”
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