A Dons fan who filmed himself having sex with a woman in an Aberdeen pub toilet and then showed it to his friends has been told he will not be placed on the sex offenders register.
Kevin Joseph videoed a sexual tryst between himself and an unsuspecting woman in the Foundry bar and then showed it to his friends on a supporters’ bus to Edinburgh.
Aberdeen Sheriff Court was told how the 30-year-old produced his phone before playing the sex tape to shocked pals and other supporters before a match where Hibernian played host to the Dons.
However, despite the Crown Office claiming that the footage had a “significant sexual element” a sheriff concluded that Joseph should not be placed on the sex offenders register.
‘You’re disgusting’
Fiscal depute Alan Townsend told the court on August 20 2022, Joseph and the woman had consensual sex in the toilets of The Foundry, adding: “The complainer was not aware of there being any recording of that particular interaction.”
Mr Townsend said that around a month later, on September 17, Joseph and the two witnesses were travelling on a supporters’ bus to Edinburgh.
He told the court: “The accused disclosed to the witnesses he’d had sexual intercourse with the complainer as described and showed them both the recording on his mobile phone.
“He indicated he was showing them the recording of that.
“They observed the recording but each of them turned away because they didn’t want to watch any more footage.”
Mr Townsend said the witnesses could not identify anyone in the video as faces were not shown but clarified that the Crown’s position that it was the woman’s identity was disclosed to the witnesses by Joseph.
One of the witnesses contacted the woman, who was surprised and upset on learning of the video.
Mr Townsend said: “Following that, the witness challenged the accused, saying ‘you’re disgusting, you have a video of you s******* [the complainer] on your phone and she doesn’t even know about it’.
“His response was ‘where’s your proof?’ in a cocky manner.”
The matter was later reported to the police and Joseph was arrested.
Joseph, of Kincorth Lane, Aberdeen, pled guilty to a charge under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
The charge states he disclosed a video which showed or appeared to show the woman in an intimate situation which had not previously been disclosed to the public by her or with her consent.
It states that in showing the witnesses the video, Joseph intended to cause her, or was reckless as to whether she would be caused, fear, alarm or distress.
Pleas of not guilty were accepted to charges of voyeurism and causing a woman to look at a sexual image without consent.
Sheriff says accused was ‘significantly’ drunk
Defence solicitor Christopher Maitland told the court that his client is “happy to comply” with the suggestions made within a background report carried out into his client.
He added that Joseph would be able to pay a fine or carry out unpaid work as part of a community payback order, if one was made.
Sheriff Lesley Johnston told Joseph that she believed his actions to be an “isolated event” and that a major factor in his offending that day was his “significant intoxication”.
“You have no analogous convictions and no further convictions since this offence,” she said before deciding not to make Joseph subject to the sex offenders register.
But the sheriff did order Joseph to carry out 135 hours of unpaid work as part of a community payback order.
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