Oops … man accidentally sexts woman’s son
A Brisbane man has been placed on a good behaviour bond after accidentally texting sexually explicit images of his ex-wife to her 11-year-old son.
The man, who can't be identified for legal reasons, was found guilty on Tuesday of using a carriage service to harass.
The court heard the man sent 20 sexually explicit images and two videos involving himself and/or his ex-wife to a mobile phone in March 2018.
The woman had bought the phone for her son but it was also used to facilitate contact between the man and the couple's children after she had blocked him on her mobile.
The court heard the boy did not open the explicit messages but took the phone to his mother.
When confronted by police the man said "that's not his phone that's (the woman's) phone".
The images had been taken consensually when they were married or attempting to reconcile, the court heard.
The man, who pleaded not guilty, argued the messages were an attempt to "rekindle" the relationship.
In handing down her decision Magistrate Belinda Merrin rejected this.
She found while the man's actions were not offensive they did constitute harassment.
"They were sent in circumstances that the complainant was very clear that the only method of communication she wanted to have with the defendant was by email and solely for the purposes, as it related to the children," she said.
"It must be very obvious to you that would have been completely unwanted, unwelcome and likely to cause upset.
"I do accept her evidence that she did in fact feel degraded, sick and angry as a result of having received those messages from you."
However she was unable to find that the man was aware that the phone he sent the material to belonged to the woman's son.
Ms Merrin released the man on a $600 recognisance order on the condition he be of good behaviour for nine months.
Originally published as Oops … man accidentally sexts woman's son