A woman has appeared in court for leaking a sex tape after she discovered it featured her boyfriend and best friend.
Abigail Darbyshire was 20 weeks pregnant when she found the “intimate” footage on her long-term partner’s mobile phone.
Aberdeen Sheriff Court was told the horrified 31-year-old sent the almost four-and-a-half minute video to several people – including the partner of the woman on camera.
Darbyshire found the video so distressing that she was admitted to Cornhill Hospital the following day.
‘You probably didn’t realise you were committing a criminal offence’
Fiscal depute Ryan Diamond told Aberdeen Sheriff Court Darbyshire’s now ex-partner had been living with her at the time.
The court heard he was in a “brief relationship” with Darbyshire’s best friend.
Mr Diamond said at around 10pm on Hogmanay 2020 Darbyshire’s boyfriend could not find his mobile phone and formed the view she had taken it.
A short time later, she handed him the phone but did not immediately confront him.
At 10.30pm she sent her best friend a series of Whatsapp messages with screenshots of the video, which showed the pair “engaging in a sexual act”.
She also sent texts indicating she had found the video on her partner’s phone.
At 11pm, Darbyshire confronted her boyfriend about the video and went on to send the explicit video to her best friend’s partner.
She also sent it to a group chat containing two other females.
The matter was reported to police and Darbyshire was later traced at her home address.
Darbyshire, of Clark Avenue, Banchory, pled guilty to disclosing a film showing her partner and best friend in an “intimate situation” with the intent to cause them, or while being reckless as to whether they would be caused fear, alarm or distress.
‘I can see you’re upset’
Defence agent Sian Grant said her client was admitted to Cornhill Hospital in the wake of the incident.
She explained Darbyshire, who had no previous convictions, was “extremely distressed” after finding the video.
She said: “She had been in a long-term relationship with her partner and discovered a video of him having intimate relations with her best friend.
“It was extremely distressing for her, especially because she was 20 weeks pregnant.
“Having discovered the video, she did send that on as described.”
Mrs Grant said her client had sent the videos to show she had not been wrong in suspecting there was “something going on”.
The solicitor said the video was sent to people who were “highly unlikely” to send it on to anyone else.
She added: “The relationship and friendship are now over.”
Sheriff Leslie Johnston told Darbyshire, who wept in the dock: “I can see you’re upset at having to come to court and hear that narrative.
“I can see you regret acting in the way you did. You probably didn’t realise you were committing a criminal offence when you acted in that way.
“In all the circumstances, I’m going to admonish you.”
The admonition means the conviction goes on Darbyshire’s record but she does not face any further punishment.
For all the latest court cases in Aberdeen as well as crime and breaking incidents, join our Facebook group.
