Sunday 25 September 2016

Aspiring glamour model Josie Cunningham found not guilty of revenge porn

Amy Murphy

Published 14/09/2015 | 18:48

Aspiring glamour model Josie Cunningham leaves Leeds Magistrates' Court after being found not guilty of revenge porn after uploading a naked photo of her ex-fiance, Andrew Goy, on Twitter Credit: Amy Murphy/PA Wire
Aspiring glamour model Josie Cunningham leaves Leeds Magistrates' Court after being found not guilty of revenge porn after uploading a naked photo of her ex-fiance, Andrew Goy, on Twitter Credit: Amy Murphy/PA Wire

Aspiring glamour model Josie Cunningham has been found not guilty of revenge porn after uploading a naked photo of her ex-fiance on Twitter.

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The mother-of-three, from Tingley, West Yorkshire, posted the photograph of Andrew Goy, with a cartoon mushroom covering his genitals, after their relationship ended in April.

Mr Goy said he had suffered anxiety attacks as a result of its publication on social media sites and a national newspaper website.

Cunningham took the photograph of the weightlifter as he shaved his body hair in her kitchen during their six-month relationship, Leeds Magistrates' Court heard.

Aspiring glamour model Josie Cunningham leaves Leeds Magistrates' Court after being found not guilty of revenge porn after uploading a naked photo of her ex-fiance, Andrew Goy, on TwitterCredit: Amy Murphy/PA Wire
Aspiring glamour model Josie Cunningham leaves Leeds Magistrates' Court after being found not guilty of revenge porn after uploading a naked photo of her ex-fiance, Andrew Goy, on TwitterCredit: Amy Murphy/PA Wire

He said he did not know the photograph had been taken and would not have consented to it being published online.

Mr Goy told the court: "I felt upset and quite hurt. It has affected me as well. It's been in the papers and a lot of people have made fun out of it.

"It's been affecting my family and friends. I've had to go to the doctors, I've had anxiety attacks. I just want to move on from all of this."

Cunningham told the court that she uploaded the photograph after Mr Goy posted a topless picture of her on his Facebook page.

She said she contacted him to ask him to remove the photo but he refused.

Cunningham told the court: "He said 'I've got pictures of you, you've got pictures of me, do what you want with your pictures, I'll do what I want with mine'."

She said she she had not intended to cause him distress and had cropped his head from the picture and added the mushroom to cover his genitalia.

Narinder Rathour, defending, said Cunningham had more "colourful" and "sexually explicit" photographs and screen grabs of "intimate" messages that she could have used if her intention was to humiliate Mr Goy.

Maxine Best, prosecuting, said the choice of the cartoon mushroom on the photograph was a "deliberate act to cause embarrassment".

Miss Best said: "Miss Cunningham chose to upload this particular image of the complainant and also chose to upload it with a cartoon picture of a mushroom man over his genitalia, bringing with it all the connotations that does."

District Judge Marie Mallon said Mr Goy's evidence that he had been caused distress by the photograph was "clear and credible" but she could not be sure that this was Cunningham's intention.

She said: "The court cannot infer an intention to cause distress."

Cunningham, whose agent announced her fourth pregnancy on Twitter this afternoon, sobbed and said: "Thank you so much your honour," as the judge found her not guilty of disclosing a private sexual photograph of Mr Goy with intent to cause him distress.

The 25-year-old sat in court throughout the trial wearing a black cardigan, black trousers and floral high heels, with her bleached blonde hair in a ponytail.

Proceedings were halted briefly for her to compose herself during her evidence as she told the court she suffered from panic attacks.

After the trial, Cunningham changed into a bright pink T-shirt and white platform shoes before she skipped out of the court building and posed for photographs with a selfie stick.

When asked if she was happy with the result, she said: "Yes, I'm ecstatic that justice has been done."

Press Association

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