A Lake Innes woman who pled guilty to intentionally distributing and recording an intimate image without consent, has been sentenced to a two year community corrections order.
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Ruby Campbell Macarthur, 24, appeared before Magistrate John Arms at Port Macquarie Local Court on Thursday, March 14.
According to the police fact sheet, Macarthur had recorded a video of a woman engaged in a sexual act involving five to six men.
The victim had attended a licenced tavern in Wauchope with a number of female friends before leaving to an address after 10.30pm on October 21, 2023.
The victim told police she could not recall how she arrived at the address or what occurred at the address.
The following morning the court was told she was forwarded a video via text message from Macarthur that depicted five to six men performing sexual acts on the victim.
The court heard that this incident may have been an alleged sexual assault.
Police documents reveal that the victim texted Macarthur to not send the video to anyone.
"I'm begging you," the victim texted Macarthur.
Police attended Macarthur's residential address on November 22, 2023 where they informed her she was under arrest and would be taken to Port Macquarie Police Station.
Police asked if she had a mobile phone, which she then removed from her pocket, and it was seized by police.
Whilst in custody, Macarthur took part in an electronically recorded interview where she made full admissions to recording the sexual incident without the consent of the victim.
She also told police she forwarded the video to the victim and showed it to another person.
Macarthur also told police the men involved in the incident were all married men.
The sexual incident is currently under investigation by Mid North Coast detectives.
'Completely inexcusable'
In court, Macarthur's lawyer told the court that she acknowledged the offences were very serious.
"It's inexcusable Your Honour and she admits that," he said.
"There's no doubt in my client's mind now.
"It's completely inexcusable what she did."
The defence argued that Macarthur had no criminal record, had provided full assistance to authorities including making admissions that were not in her best interest and that she filmed what she had thought was a consensual act.
Her lawyer said that his client has offered full assistance to authorities investigating any alleged sexual assault that happened on November 22, 2023.
Magistrate Arms said Macarthur had claimed to be affected by PTSD (post traumatic stress disorder).
"Seemed to be a very generic diagnosis if that makes sense," Magistrate Arms said.
The defence admitted Macarthur had a history of non-compliance with medication but that was no longer the case.
Impact of the case
"The consequences of my client's act have been really significant for her and her family," Macarthur's lawyer said.
He alleged his client was no longer working as a result of damage to her reputation and that media exposure of the case has caused her mother to lose business.
"The gravity of these offences is not lost on my client," her lawyer said.
Police prosecution mentioned the impact the case had had on the victim.
The prosecution said the court would find it troubling that Macarthur stood and filmed the incident instead of checking on the welfare of the victim.
Sentencing
"The facts in relation to the matter are quite disturbing," Magistrate Arms said.
"This was someone that you knew.... to video such an event is very distressing for the court."
He acknowledged that Macarthur sent the video to the victim not for revenge and by her own admission, told police she showed the video to one other person.
While Macarthur had pled guilty, her discussions with Community Corrections concerned Magistrate Arms greatly.
"You minimised the impact on the victim," he said.
"You didn't really see the extent of what has happened.
"Whilst you pled guilty... this is something that takes away some of that"
Magistrate Arms said he didn't believe Macarthur had crossed the threshold to warrant imprisonment but added, it may have been different if this was a man who did this.
"Your saving grace is you're 24, you have no criminal history and the distribution of the material was limited," he said.
"If not, you would have been going in that cell..."
Macarthur was sentenced to a Community Correction order for a period of two years.
She must not commit any offences while subject to the order, is subject to supervision by a community corrections officer and must comply strictly with a treatment plan
But Magistrate Arms warned Macarthur she needed to comply with her Community Corrections order and treatment plan.
"Be mindful that I'm looking at it as an alternative to prison," he said.