A man who secretly filmed a woman using a public restroom twice in one year has managed to avoid jail time after apologizing to the victim. The incident, which took place in a shopping center in the UK, highlights the prevalence and seriousness of clandestine toilet filming, or “upskirting,” and the challenges that law enforcement faces in prosecuting such cases. Despite the offender’s contrite confession, many are calling for stronger penalties to deter others from committing similar crimes.
David Gilmore, a man from Ballymena, Northern Ireland, has been given a combination order of probation and community service after being found guilty of two counts of voyeurism and a count of sexual assault. Gilmore had placed a camera phone in his bathroom to film a woman, who called to use his bathroom when the unsuspecting victim noticed the phone and grabbed it. She then contacted Gilmore to demand his passcode so that she could delete the video herself, but he offered to delete it “in her presence.” When she unlocked the phone, she discovered a second video. Gilmore had also confessed to cops that he was “living out a porn fantasy” when he sexually assaulted the same woman.
Despite posting on social media that he was completely innocent, Gilmore eventually apologized to his victim in front of everyone in court, unlike his previous claims of innocence. The judge, Nigel Broderick, stated that Gilmore deserved to go to jail but did not sentence him to do so, opting instead for the probation and community service order. The judge also ordered Gilmore to sign the sex offenders’ register for the next five years.
A source close to the case revealed that the victim has had to put up with people trying to defend Gilmore, which makes his public apology all the more important to her. The sneaky creep, exposed by the Sunday World, had concocted a story so ludicrous that it was clear he deliberately tried to film her private parts, not once, but twice. He brazenly suggested that the woman had taken his phone and ran out of the house, asking people to believe his innocence despite being caught in the act.
The prosecutor told the judge that the victim had experienced emotional trauma and would continue to do so because of the invasive and very distasteful nature of Gilmore’s offending. Despite defense counsel Stephen Law advocating for an ECO (Enhanced Combination Order), which would supervise Gilmore and allow him to contribute to the community, DJ Broderick agreed that the custody threshold had been passed but decided that Gilmore should not go to jail.
Gilmore has already paid a heavy price for his offending, according to Law, as he has been dismissed from his taxi dispatching job and has lost contact with his young daughter. However, the judge said that while a jail sentence would be a clear punishment, it would not give Gilmore any support. Instead, he imposed the combination order of probation and community service, the five-year Sexual Offences Prevention Order, and required that Gilmore sign the police sex offenders register for five years. The SOPO stated that Gilmore must register and seek permission for any internet-capable device he has, make full verifiable disclosure of his convictions to any new partner, and is prohibited from having any device that can take or store photos or videos.
The judge’s decision not to send Gilmore to prison has been the subject of some criticism, particularly given the seriousness of his offenses. It has also highlighted the importance of judges considering not only how offenders can be punished but also how they can be rehabilitated and reintegrated into society. While prison sentences may provide a clear punishment, they may not always be in the best interests of the offender, particularly where they have shown remorse or where alternative measures, such as community service or probation, may be more effective. Ultimately, judges must balance the need for punishment with the need for rehabilitation and consider the offender’s circumstances and the impact of their actions on their victims.
