When confronted, Jessica Bailey, 22, sent a video to a friend saying ‘because I can’
A woman who secretly took a picture of her friend as she undressed in her bathroom before sending it to other pals saw it as ‘tit for tat’ after an argument, a court has heard.
Jessica Bailey, 22, sent the intimate image of the unnamed woman to other friends after claiming she was being talked about in ‘negative terms” on Snapchat. When confronted about why she sent the image, she responded with a video saying ‘Because I can.’
The picture was taken without the woman’s knowledge or consent as she undressed in Bailey’s bathroom. The woman was said to have suffered psychological harm after learning the picture had been seen by two of her friends.
Bailey, from Northwich, pleaded guilty to two charges of sharing a photograph or film of a person in an intimate state intending to cause alarm distress or humiliation.
Bailey, who had potentially faced up to 26 weeks jail under sentencing guidelines, was instead ordered to complete a 18-month community order and to wear a ‘sobriety tag’ for 120 days as part of a monitored alcohol abstinence requirement. She was also ordered to complete 35 days of a rehabilitation activity and to pay £199 in costs and a victim surcharge. She had faced up to 26 weeks jail under sentencing guidelines.
‘Because I can’
Miss Selda Krasniqi, prosecuting at Chester magistrates court heard, said: “This arises out of Snapchat texts or conversation. At around 10 o’clock on July 29, 2024 a witness received call from a friend to say that they have received a nude photo of one of their friends.
“That witness then messages Jessica Bailey on Snapchat to ask why she sent the photo. She responded with a video saying ‘Because I can.’
“The witness said she can ‘get done’ for sending the photo and the defendant responds ‘I did not even send that.’
“The witness then called the victim and told her to speak to her friend who received the photo. The photo appeared to be seen by more than one person. On speaking to the friend, the victim confirmed that the image was taken when she got changed in Bailey’s bathroom.
“She was not aware that the photo had been taken and did not consent for it to be taken or shared. The defendant was interviewed but gave a ‘no comment’ to all questions. There was evidence of her sharing the image with another party. It caused some distress and some psychological harm to the victim. “
‘It was tit for tat’
In mitigation, Bailey’s solicitor Sarah Hamblett said there was ‘no element of planning’, calling the post an ’emotional reaction to an argument’.
“The defendant did not intend to cause particular distress,” she said. “In fact she did not really give thought to the level of distress that she would cause but there was no intention in terms of maliciousness on her part.”
She added the complainant and the defendant had been ‘very close friends’ , but that the friendship had broken down.
“She was of the view that the complainant was saying negative things about her online on Snapchat and social media,” Miss Hamblett said. “It was basically tit for tat. She has shown remorse and she has got a better understanding of what she has done. “
Miss Hamblett said that when she was aged four, Bailey contracted meningitis and septicemia and was in a coma for a number of days. Her brain was deprived of oxygen, the solicitor said, which left her with complete deafness in her right ear and brain damage.
“As a result of the brain damage she suffers with anxiety which limits her ability to be in larger social groups,” Miss Hamblett said. “She was using alcohol in terms of coping and being more comfortable in social settings or larger groups.
“She acknowledges that she does not know when to stop. However, she does not consider her alcohol consumption as a problem.“She struggles with communication and thinking difficulties. She has not sought to contact the complainant though she has received messages from the complainant on Tiktok. She has never responded to any of those.’
“She has already addressed her drinking. She now only drinks once per fortnight and then only on one day of the weekend. In a custodial setting the defendant would be vulnerable. It would increase her levels of anxiety and she would struggle to cope.
In sentencing Bailey JP Frances Miller told her: “Make sure you do everything the probation ask of you otherwise they may well bring you back here. Just do everything they ask of you.”
