A woman’s battle against a vindictive ex-boyfriend who posted a photo of her vagina on WhatsApp has again ended in failure at an Alicante court.
A lower court ruled a year ago that the woman did not have her privacy infringed when the explicit material was published.
She decided to appeal the man’s acquittal before the Alicante Provincial Court, but the higher bench sided with the original verdict.
The appeal submission argued that the image ‘had been viewed by third parties; has acquired public attention; and may have been downloaded and reposted by anybody’.
The judges said that the partial image which also featured a tattoo did not allow ‘the complainant to be identified in any way’,
The ruling added that it was not complete nudity but only partial and that, as such, it ‘cannot be considered a serious attack on privacy’.
The court also said it was not possible to prove who uploaded the image as the WhatsApp account was jointly owned at the time by the woman and her former boyfriend.
The image was posted shortly after they split.
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