Posting photo of breasts ‘real breach of trust’

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The defendant had uploaded a picture of the victim’s breasts to Facebook. Photo / 123RF

A Dunedin man who posted a topless photo of a woman online accepted it was “a very silly thing to do”.

Scott Kenneth Hillary, 39, appeared in the Dunedin District Court this week for posting an intimate visual recording without consent.

In January, the defendant uploaded a picture of the victim’s breasts to Facebook — making the image his profile and cover photos.

“That’s just not too flash, is it?” Judge Jim Large said.


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“We are not talking about an insignificant photograph.”

A statement obtained from the man revealed he was “proud of her and wanted to show her off”, but counsel Karlena Lawrence argued there was no malicious intent behind the incident.

According to a statement from the victim, the behaviour was “out of character” for the man as he was usually a “very private person”.

The woman said the defendant had changed from taking antidepressants and she had become fearful of his unpredictable behaviour.


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Hillary had shown remorse throughout the court proceedings and had self-referred to a Stopping Violence programme, the court heard.

Lawrence said the man had admitted it “was a very silly thing to do”.

“This is a real breach of trust,” the judge said.

“It’s the feeling of violation that worries me, given the nature of the photograph posted.”

There was discussion of revenge porn in court.

“If there had been other identifying features in the photograph we would be having an entirely different conversation and it would be an entirely different outcome,” Judge Large said.

Hillary was sentenced to two months’ community detention.

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