Gilbert Asemuasa, a 24-year-old commercial motorcycle rider from Akatsi in the Akatsi South Municipality of the Volta Region, has been sentenced to two years in prison for uploading a confidential video of his ex-girlfriend.
According to Section 67 of the Cybersecurity Act of 2020 (Act 1038), the defendant was charged with unlawfully distributing intimate photographs.
Section 67 — Unauthorized sharing of intimate images.
Business Website (1) A person may not, with the intent to cause serious emotional distress, intentionally distribute or intentionally cause another person to distribute an intimate image or prohibited visual recording of another identifiable person without the consent of the person depicted in the intimate image and in respect of whom there was a reasonable expectation of privacy both at the time the image or recording was created and at the time the offense was committed.
(2) A person who violates subsection (1) is guilty of an offense and, upon conviction, is subject to a term of imprisonment of between one and three years.
(3) For purposes of this provision, "serious emotional distress" encompasses any intentional conduct that causes mental reactions such as fear, nervousness, grief, anxiety, worry, mortification, shock, humiliation, and indignity, in addition to physical pain.
Chief Inspector Joseph Ajongbah stated to the court on June 2 that the defendant had a relationship with a 20-year-old former student of the Caring Sister Vocational Institute in Keta three years prior. In addition, he asserted that the complainant had visited the defendant's residence in the middle of the night in January 2019 and that the two had carnal contact.
When the complainant told the convict that she had rashes on her genitalia, he allegedly examined the area with his phone's flashlight and surreptitiously recorded it.
According to Chief Inspector Ajongba, the convict warned the complainant not to terminate the relationship because doing so would require him to teach her some lessons.
He added that once a disagreement arose, the complainant demanded an end to their relationship.
Chief Inspector Ajongbah continued by stating that the complainant had rejected all of the convict's attempts to convince her to return. The complainant later received a call from an unidentified number threatening to expose her nakedness.
He testified before the court presided over by Mrs. Felicia Gandedzi that she reported the matter to the convict's brother, but nothing was done once she realized that the convict was the one who was menacing her.
The suspect was arrested after the complainant lodged an official complaint with the Akatsi police. During interrogation, the suspect admitted to capturing the video but disputed posting it to social media.
Nonetheless, the defendant was prosecuted and arraigned after an investigation. He later confessed to the offense, was found guilty, and was sentenced to two years in prison with hard labor.