The man used Ray-Ban Meta smart glasses to covertly film the sex worker while she was naked at an Auckland brothel. Photo / David Paul Morris / Bloomberg via Getty Images
The man used Ray-Ban Meta smart glasses to covertly film the sex worker while she was naked at an Auckland brothel. Photo / David Paul Morris / Bloomberg via Getty Images
An Auckland software engineer who pressed record on his smart glasses without consent while a sex worker was naked in front of him has escaped conviction, claiming he did so only to help maintain his erection.
Court documents obtained by the Herald show the man’s offending was discovered when thewoman noticed him touching the upper right side of his glasses and saw a light flick on.
She immediately took the man’s glasses and told reception staff to call police.
Police seized the eyewear and confirmed they were Ray-Ban Meta smart glasses, used to take photos, video and livestream.
“The victim did not give permission to be filmed,” a summary of the offending said.
Speaking after the sentencing, brothel madam Mary Brennan, who is not connected to the case, said she was horrified by the decision not to convict, saying it sent a poor message to the sex industry.
“I’ve seen it happen; it causes a lot of stress and a lot of trauma and a lot of anxiety. It’s not fair that he’s gotten off.
“This is not just a sex worker issue, this is a woman issue.”
The man’s lawyer, Sam Teppett, argued in court that he should be granted a discharge without conviction because he believed the consequences of a conviction would outweigh the gravity of the offending.
The defendant wore black trousers and a jumper in court and was supported by his wife.
Teppett said the court was dealing with his client’s “unsophisticated, amateur attempt to secure the recording”.
He argued that, if convicted, the man was likely to lose his job in the software industry and would not be able to get another.
Such a conviction in the man’s industry “simply wouldn’t fly” with current or future employers.
Teppett said there would also be immigration consequences for the man and his family that could potentially “tear apart his family unit”.
The sex worker noticed the man pressing the side of his Ray-Ban Meta smart glasses and saw a light come on. Photo / David Paul Morris/ Bloomberg via Getty Images
He told the court the man had no prior convictions, had shown extraordinary remorse and had donated money to a charity associated with sex workers.
Police strongly opposed the application for discharge without conviction and said no affidavit from the employer had been provided.
“The employer should know about this offence,” prosecutor Bronson Burgess said.
He told the court that Immigration New Zealand should be made aware of the full nature of a person’s history, and not having a conviction for the offending would limit the agency’s understanding of the defendant.
Not to impose a conviction would also send the wrong message on safety to sex workers.
Burgess said the man claimed he had stopped watching pornography and seeing escorts. But if he returned to visiting sex workers, “they should be entitled to know who they’re offering services to for their own safety”.
In his view, there was a “level of premeditation” to the offending, as the man had taken a shower and put the glasses back on afterwards.
Judge Anna Fitzgibbon said that, in the defendant’s affidavit, he claimed that pressing the record button was a “spontaneous decision” as he was struggling to maintain an erection.
She said the document stated he made the “stupid decision” to film so he could watch it later.
“Therefore, there was an element of planning, such that you decided to record the interaction so you could view the information later.”
This premeditation and the woman’s vulnerability were both aggravating factors, she said.
The man’s early guilty plea, remorse, willingness to attend restorative justice, donation to the New Zealand Prostitutes Collective and ability to maintain employment were mitigating factors.
She found the consequences of a conviction would be disproportionate to the offending.
“We’ve got no idea of the scale of this. Because it’s only those that get caught that we know about.”
Katie Harris is an Auckland-based journalist who covers issues such as sexual assault, workplace misconduct, media, crime and justice. She joined the Herald in 2020.
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