A Dublin man is to stand trial accused of harassment and coercive control of a woman and threatening to share “intimate” pictures.
The accused (55) appeared before Judge Bryan Smyth at Dublin District Court on Saturday charged with three offences, including one under new so-called revenge porn laws.
The Director of Public Prosecutions directed that he must face “trial on indictment” in the Circuit Court, which has broader sentencing powers.
The defendant denies the charges and is not being named to protect the alleged victim’s right to anonymity. The man remained silent throughout the hearing and was granted bail.
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He is accused of harassing the woman at various locations in the State over 16 days in February 2021. Under section 10 of the Non-Fatal Offences Against the Person Act, that offence carries a maximum seven-year sentence.
He had a connected charge for persistently engaging in controlling or coercive behaviour with a person with whom he previously had an intimate relationship, which had a serious effect on the injured party. It is an offence contrary to section 39 of the Domestic Violence Act, which can result in five years imprisonment.
The final charge was under the Harassment, Harmful Communications and Related Offences Act 2020 for threatening to distribute or publish intimate images without consent with intent to cause harm. On conviction, it can carry a maximum seven-year sentence.
The judge noted from defence counsel Patrick Jackson that there were statutory reporting restrictions concerning the alleged injured party. Under the 2020 law, the media cannot report “any information” that could lead to the identification of the complainant. The judge noted that gardaí had not yet canvassed the woman on this issue.
The court heard that in reply to each count, the accused said: “I deny that charge.” There was no objection to bail after gardaí canvassed the defence about conditions.
The judge ordered the man to have no contact with the woman and to stay away from two areas in Dublin, sign on twice a week at his local Garda station, and reside at his home address. He was also ordered to give gardaí his mobile phone number.
The judge remanded him on €200 bail to appear before the court again in January to be served with a book of evidence and returned for trial to the higher court. There was no application for legal aid.
Section five of the Harassment, Harmful Communications and Related Offences Act provides anonymity to the complainant. It states nothing can be published that is likely to enable the identification of the alleged victim of the offence.
President Michael D Higgins signed the legislation into law in December 2020. The Act came into effect last year and is known as Coco’s Law after 21-year-old Nicole Fox took her own life following years of online bullying and harassment.
It also criminalises so-called revenge porn, where people distribute or threaten to distribute or publish intimate images of others online to embarrass or harass victims.