Lawyer avoids jail after sending sex video of woman to her colleagues

Lawyer avoids jail after sending video of himself having sex with businesswoman to her work colleagues in move that left her suicidal

• David West gained access to the video after submitting a digital access request
• He made the request under saying that he was preparing for a defamation case
• West was sent thousands of emails, including one of pair engaging in a sex act
• He then attached it to an email he sent to a generic email where she worked 
• Incident left victim with ‘immense psychological damage’ and feeling suicidal

A lawyer who left a businesswoman feeling suicidal after he sent a video of them having sex to her work colleagues has avoided prison. 

David West, 38, gained access to the video when he submitted a digital access request after claiming he was preparing for a defamation case.

After receiving the file in one of thousands of emails, he sent the video back to generic inboxes at her workplaces, knowing multiple people would be able to see it. 

The senior litigation consultant, who earns £43,000 a year, has admitted sending a malicious communication with intent to cause distress or anxiety at Truro Crown Court. 

Nigel Wraith, prosecuting, told the court that the victim had been communicating with West via her work email.

But in subsequent emails he threatened to ‘retaliate in epic proportions’ to claims that he had been branded ‘a thief’.

West then submitted a digital subject access request (DSAR) to the woman’s business, meaning they were required to send any data they held about him – including any emails they had exchanged.

Thousands of emails were sent to him, including one showing West and the victim engaging in an intimate sex act.

In the private email, West had falsely stated to the woman that he did not want any sex pictures of her, but attached the video to it saying she could add it ‘to your collection’.

After receiving the video following his data request, West then sent it back as an attachment to a generic company email inbox at her firm – which he knew would be seen by others.

David West (pictured outside Truro Crown Court) left a businesswoman feeling suicidal after he sent a video of them having sex to her work colleagues

Mr Wraith said: ‘When she received the email saying what had happened she was mortified others may have seen it. 

‘She went to the police station and was beside herself with upset and embarrassment.’

Later the same day, West sent a second digital subject access request to an international firm the victim worked for, again knowing the email had the sex video attached and would be seen by her bosses.’

Michael Brown, defending, said West had deliberately intended to cause the victim anxiety and distress in a ‘petulant and childish’ act.

And in a victim impact statement, the woman cried as she said: ‘David did what he said he would, publicly humiliate me. I’ve never been so humiliated.

‘I became suicidal, could not face people, felt sick, couldn’t sleep and was constantly anxious. He got what he wanted.

‘The reputational damage left me and my business on its knees.’

She detailed the catastrophic financial effect on her business and how she and her daughter were almost made homeless. 

Passing sentence, Judge Anna Richardson told West that the victim has suffered ‘immense psychological damage’ and felt suicidal because of the humiliation she had suffered at his hands.

She added: ‘You sent threatening emails to the victim and submitted a digital subject access request to her company.

‘It seems you suggest the purpose of the request was to see if you were in a position to bring legal proceedings for defamation. How obtaining work emails would have helped with this I do not understand.

‘This led the victim and her company to go through many emails. You sent a deeply manipulative email saying you didn’t want any private videos. You sent an email designed to humiliate her at the same time as giving a false impression.’

West, of Hayle, Cornwall, was sentenced to 57 weeks in jail, suspended for two years at Truro Crown Court (pictured)

The judge told the court how West attached the sex video and sent it knowing other people in the business would see it, before submitting a second similar request.

She continued: ‘You sent a deeply manipulative e mail saying you didn’t want any private videos. 

‘You sent an email designed to humiliate her at the same time as giving a false impression. Your conduct caused immense psychological damage.’

West, of Hayle, Cornwall, was sentenced to 57 weeks in jail, suspended for two years.

He was also ordered to pay his victim £2,000 compensation and £1,000 in court costs. A five-year restraining order was made banning him from contacting her.

The court heard West was at low risk of reoffending, the offence was back in 2018 and he had no relevant previous convictions. 

West – who says he is an employment lsw consultant on his Linkedin page – was formally acquitted of disclosing a private sexual photograph or film without consent of the victim.

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