Soldier Jailed for Secretly Recording Ex-Girlfriend

Military Court Hands Down Sentence in Intimate Image Case

A New Zealand soldier has been sentenced to detention after admitting to recording a former partner during sexual activity, highlighting a growing concern over image-based sexual abuse. The case underscores the need for clear boundaries and consent in all intimate interactions.

Court Martial Details

Corporal Manu Anthony Smith, 41, received a two-month jail sentence following a three-day court martial at Burnham Military Camp. He was found guilty of taking intimate images of the woman between August and December 2020, while they were in a relationship.

The military panel also ordered Smith to pay $2000 in compensation to the woman. While the conviction will result in a formal written warning for the next year, he will remain in the army.

“The case was one of law, not of morals. The panel must not let beliefs about the way Smith or the complainants were living their lives colour deliberations.”

—Judge Gilbert

Two other charges initially brought against Smith were dropped during the second day of the proceedings. The court heard testimony from the woman who was filmed, who expressed feelings of shame and embarrassment as a result of the recording.

Service Record Acknowledged

Despite the severity of the offense, Smith’s commanding officer testified to his dedication and enthusiasm as a soldier, noting his past service and decorations earned in Afghanistan’s Bamiyan province. Family members also spoke of his commitment to the armed forces and his strong character.

According to a 2023 report by the National Network to End Domestic Violence, approximately 1 in 6 women and 1 in 25 men have experienced image-based sexual abuse, often perpetrated by a former intimate partner. NNEDV Report (2023)

Unanimous Verdict

The three-person military panel reached a unanimous guilty verdict after less than two hours of deliberation. Judge Gilbert emphasized that the central issue was whether Smith made the video, a fact that was not disputed by either party. The court focused on the legal aspects of the case, striving for impartiality.

The sentencing reflects a growing legal and social awareness of the harm caused by non-consensual intimate imagery, and the importance of holding perpetrators accountable.

Soldier Convicted of Secretly Filming Woman

Court Martial Finds Corporal Guilty of Intimate Image Recording

A member of the Royal New Zealand Infantry Regiment has been found guilty of recording an intimate image of a woman without her knowledge or consent, sparking a debate about privacy and consent within the military. The case highlights a growing concern over image-based sexual abuse.

Details of the Case

Corporal Manu Smith faced a court martial at Burnham Military Camp on a single charge of “intentionally or recklessly” creating an intimate visual recording. A three-person military panel unanimously convicted him of taking images of the woman during sexual activity between August and December 2020.

Two other charges initially brought against Smith were dismissed earlier in the proceedings after the court determined there wasn’t sufficient evidence for a conviction. The panel was instructed to disregard evidence related to these dropped charges, with one exception.

Evidence concerning a group chat among women who had previously dated Smith remained relevant. The prosecution argued the chat revealed the women were angered by Smith’s actions and potentially sought to cause him trouble, but that this did not indicate the claims were fabricated. Captain John Whitcombe, the Crown lawyer, stated that the women’s anger was “understandable in the circumstances and did not mean the story had been concocted.”

“The case was one of law, not of morals. The panel must not let beliefs about the way Smith or the complainants were living their lives colour deliberations.”

—Justice Tom Gilbert

The Defence Argument

Smith’s defence maintained he believed the woman was aware of and had consented to the recording. They argued that the context of their relationship, including a history of exchanging explicit images, should have been considered. However, Justice Gilbert emphasized the panel’s focus should be on whether consent was given or recklessly disregarded.

According to End Violence Against Women International, one in six women have experienced image-based sexual abuse, often perpetrated by a current or former intimate partner. End Violence Against Women International

Court’s Deliberation and Next Steps

The military panel deliberated for under two hours before reaching a guilty verdict. Justice Gilbert confirmed that both sides acknowledged Smith had made the video, but disagreed on whether it was done with or without the woman’s knowledge and consent. The court martial has adjourned to determine Smith’s sentencing.

The outcome of this case could set a precedent for future cases involving digital privacy and consent within the New Zealand military. Further details regarding sentencing will be reported as they become available.