‘serious invasion’ | 

Dad of one who recorded ‘upskirt’ video of woman in her home is spared jail

Haskins, of Woodview Close, The Donahies, Dublin pleaded guilty to recording an intimate image without the consent of the victim.

Yesterday at 14:13

A FATHER-of-one who made an “upskirt” recording of a young woman while she was socialising with friends and family in her home has been spared jail.

Luke Haskins (30) was a guest at the victim’s house when he was caught making the “intimate” video with his mobile phone without her consent.

Giving him a five-month suspended sentence, Judge Grainne Malone said it had been a “serious invasion” for the victim in her own home.

Haskins, of Woodview Close, The Donahies, Dublin pleaded guilty to recording an intimate image without the consent of the victim.

The charge is under Section 3 of the Harassment, Harmful Communications and Related Offences Act 2020.

Dublin District Court heard Haskins was known to the victim, who is in her 20s, and was at her home in the north of the city on a date in September 2021.

He was making a recording up her skirt with a mobile phone when the victim became aware of his actions and he was confronted.

The accused fled the house and on the way, he jumped on a car, damaging the wing mirror. He was also charged with criminal damage in relation to that.

He had no previous convictions.

The case was heard previously and came back before Judge Grainne Malone for sentencing today.

The judge noted that a probation report highlighted “certain difficulties” Haskins was experiencing at the time of the offences, in relation to alcohol dependency and cocaine use.

He had offered the victim €2,000 compensation but she had declined. The damaged car was not hers and he had paid for that.

The judge also read testimonials to the accused’s “previous good character and work ethic.”

Judge Malone said the defence had asked her to consider leaving the accused without a criminal record.

“I think there’s no reality to that prospect,” she said. “This occurred in the injured party’s home, where she is meant to feel safest.”

The victim knew the person who committed the offence against her and felt that it was a breach of trust, the judge said.

In a victim impact statement, the woman had said she had to take time off work, the judge said.

“Nobody should have to feel that level of invasion, least of all in their own home in circumstances where she was socialising with people she thought were her friends,” she continued.

What the accused did was a “serious invasion,” compounded by the fact that it was in the woman’s own home.

“This type of behaviour cannot be tolerated,” Judge Malone said.

While the accused had pleaded guilty, it was “very late”, coming a day before a trial was due to take place in the non-jury court.

The judge appreciated the “huge concern” of the victim who had not been aware what would occur to the recording.

She said it was a very serious offence and suspended the sentence for two years on condition Haskins has no contact directly or indirectly with the victim. The criminal damage charge was taken into consideration.