Indecent Filmer Comes Undone By iCloud
A South Australian man who videoed himself having sex with his partner without her knowing was brought undone by a shared iCloud account, a court has heard.
The 37-year-old has been given a 10-month suspended jail sentence after being found guilty of indecent filming.
District Court Judge Paul Rice said the video came to light because it automatically uploaded from the man's phone to his partner's phone through the shared iCloud account.
"Crimes such as indecent filming are becoming more prevalent," Judge Rice said on Friday.
"This is not surprising given the evolution of technology but it is concerning."
The filming occurred in March 2017 when the victim was severely drunk and taking anti-depressants.
Judge Rice said the woman had a hazy memory of showering and going to bed and testified she was unconscious when the filming occurred.
About a week later she was showing photos on her phone to her mother when she discovered the video.
The judge said the man's offending was a "gross breach of trust" and a "complete disregard for common decency".
He said the jury had accepted beyond reasonable doubt that the victim had not consented to the videoing of the sex acts.
But despite the verdict, the man maintained his belief that his partner had agreed.
Defence counsel also submitted that there was no evidence that he had any intention of circulating the video.
Judge Rice said evidence at the trial included earlier instances of sexual filming, in those cases with the consent of his partner, despite her always feeling "uncomfortable".
"I accept that many relationships may involve sexual filming," he said.
"The issue lies when the filming is either done without consent or in secret, unbeknown to the participant.
"The use of secret filming unsurprisingly causes a great deal of suffering for the victim."