Magherafelt man (23) who recorded sex act and shared the video narrowly avoids jail on voyeurism charge

The victim attended an event with her friend on July 6, 2019, but they became separated. While looking for her, the victim met Evans who she knew vaguely.

He bought her a few drinks but when she went to the toilets, Evans followed her into the cubicle.

Although she managed to push him out and lock the door, he re-entered when she opened it to leave.

She told the court, “He was kissing me and pulling my hair. I’d already pushed him out. I didn’t want him in the toilet. It was scary. I pushed him away again.”

The victim recalled Evans refer to her in horse terms, telling her, “Stand up you old mare.”

In order to get him away she performed a sex act which he filmed on his phone.

“I was scared,” she said, “It was fight or flight. My reaction to was to get rid of him. Whether that was right or wrong, it was just to get rid of him.”

There was text contact between them for a few days in which Evans asked her to go for a drink.

She refused and enquired about the video which he assured had been deleted.

However, on September 5, 2019, the victim encountered Evans’ friend Mark McCready who showed her the video on his phone and claimed others had seen it.

Horrified, the victim reported this to police.

She stated, “I felt disgusted and ashamed. My initial thought was my children. If there’s a video out there, they could see it.”

Evans would ultimately decline to give evidence in court.

Convicting him, District Judge Barney McElhome described the incident as, “Very serious, without justification and an awful thing to do.”

He noted the victim encountered McCready — referred to by the judge as “a largely worthless individual” — and became aware he had the video.

“Quite rightly she got upset and was realistically worried about it being passed about. Not only had McCready seen it, he was cheerfully going around showing it to others.

While Judge McElhome said Evans didn’t send the video, he must have made his phone available, so “He is the cause of the problem, but the extent is not to that which he deliberately shared it.”

The defence stressed, “My client recognises the impact of the damage caused to the poor victim.”

He added Evans’ family run, “A very successful horse schooling business, in which he works and lives independently on the premises.”

Judge McElhome said, “He chose to record the act on his phone. To do so without the permission of the other person is an offence and rightly so. He misled the victim and bears moral culpability. Many men don’t see this behaviour as wrong and that’s down to selfishness. A very clear message has to go out — particularly to men — that this behaviour will not be tolerated.”

Imposing a sentence of five months suspended for three years, Judge McElhome ordered Evans to pay £2500 compensation adding, “He is from a wealthy family and I suggest that is paid quickly.”