Topless ‘lookalike’ photo sent by spiteful ex-boyfriend was seen by woman’s mum
A malicious ex shared a topless 'lookalike' photo of his former girlfriend which ended up being seen by her family.
Andrew Tyrer sent the 'semi-nude' image to another of his ex's past boyfriends, sporting the message: "Your ex bird LOL"
The man who received the photo believed it was her and so did the woman's mum, who said she "felt sick" that it was forwarded to her phone, the Liverpool Echo reports.
However Tyrer, of Macbeth Street, Kirkdale, has remained insistent that the victim was never actually his ex-girlfriend.
The victim has not been named or pictured to protect her identity.
The 42-year-old was initially charged with disclosing private sexual images with intent to cause distress – an offence widely known as revenge porn.
Prosecutors however accepted his guilty plea to malicious communications and accepted that the photo did not show the victim.
Prosecutor James Coutts said the decision was taken in light of the victim's attitude towards the case.
Judge David Swinnerton commented that this was a "pragmatic decision" but added: "The mischief is he intended people to think it was her."
To which Mr Coutts replied: "Yes and it's the harm that was intended and the distress that was caused."
The court heard that the pair were engaged in an "on-off relationship" for around four years before splitting in August 2019.
Prosecutor Mr Coutts said it was clear Tyrer "didn't want the relationship to end" and added there was "clearly some unwanted contact".
Pervert filmed secret sex tapes of ex-partners to post 'revenge porn' clips
He added: "Matters ended up being reported to the police, though no charges arose from it."
Tyrer sent the message to another of the victim's ex-boyfriends at 2am on December 16, 2019.
Mr Coutts told the court that he took a screenshot of the text, which contained two photos, one of a male and another of a woman he couldn't identify.
The photo of the woman showed her naked "from the waist up" and the comment "your ex bird LOL" led the former boyfriend to believe it was his ex partner.
A link to a video on a porn website was also sent by Tyrer with a message reading "movie star" and the woman's name.
It has been confirmed that the video did not feature the victim.
The man was reportedly concerned and forwarded the message to the victim's mum.
It was revealed to the court that there was evidence that Tyrer did have sexual photos of his victim "at some point."
The court heard that the woman "talks of the stress caused by the behaviour and the physical health impact on her and the worry about losing her job".
The prosecutor described her feeling "embarrassed and depressed" and didn't want to go out.
Tyrer has been convicted twice before, including battery and criminal damage offences in 2012.
Judge Swinnerton said the battery offence related to a different ex-partner.
He added: "It's another form of domestic abuse. He's got a lot to learn about relationships and particularly when they end."
The probation service suggested a 40-day Rehabilitation Activity Requirement for Tyrer, which Judge Swinnerton said he could learn from.
Defending Tyrer, Martine Snowdon, said: "He is struggling a lot with his physical health and epilepsy. He's currently feeling very unwell with it because of the frequency of the seizures he's having."
She added: "The defendant readily accepts of course this is stupid behaviour and it would have been distressing behaviour.
"It was designed to be distressing in the heat of the moment when he did it. It was behaviour he immediately regretted."
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Judge Swinnerton decided to punish Tyrer with a three-month home curfew, from 9pm to 7am, seven days a week.
Tyrer was imposed a two-year community order alongside the 40-day RAR and home curfew.
A 10-year restraining order was also put in place between Tyrer and his victim.
The order included a condition that the 42-year-old must not keep any photo he has of the victim naked or partially naked.
Any breaches of the order could be punished by up to five years in prison.
Judge Swinnerton said: "It would appear you have moved on, she has moved on and you have not continued to harass her with this sort of behaviour.
"If you had continued, you would be going to prison right now."
Tyrer was found not guilty on the revenge porn charge.
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