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A woman has lost her appeal against a nine-month prison sentence after being convicted of distributing sexually explicit photos and videos of another woman without her consent.
In a judgment issued on July 9, the Court of Appeal upheld the sentence imposed by the Nicosia District Court, finding that neither the length of the prison term nor the decision to order immediate imprisonment was unjustified.
The woman had admitted sending the intimate material to both the victim and a third person, an offence prosecuted under Cyprus' law on the prevention and combat of violence against women and domestic violence.
She argued before the Court of Appeal that the sentence was excessive and should have been suspended. Her lawyers pointed to delays in the criminal proceedings, argued that she had not created the material herself but had received it from a co-defendant, and claimed her actions followed a personal dispute involving the complainant.
The appeal judges rejected each of those arguments, ruling that none justified a lighter sentence.
In its decision, the court described the offence as a serious violation of the victim's dignity, psychological wellbeing and privacy, stating that the circulation of intimate material without consent causes significant harm and amounts to a form of violence against women.
The judges also referred to the growing number of similar cases reaching the courts, saying this trend supports the need for strong penalties intended to discourage such offences.
The court dismissed the appellant's claim that she had acted after being provoked because the complainant had previously shared personal photographs of her or because both women had been involved with the same man. It found that personal rivalry could not be treated as a mitigating factor.
Judges also rejected the argument that the complainant's character should have influenced the sentence, pointing to the constitutional principle that everyone is entitled to equal protection before the law.
The ruling further found that the complainant's constitutional right to privacy had been violated and said offences involving breaches of fundamental rights require a firm judicial response.
The Court of Appeal concluded that suspending the prison sentence would not meet the objectives of criminal sentencing and could send the wrong message about the consequences of distributing intimate images without consent.
The appeal was dismissed, leaving the original sentence of nine months' immediate imprisonment in place.
