In this case, a hospital director was indicted for Obscene Acts via Telecommunications on the grounds that he had sent a sexual video to a nursing assistant. In her initial police statement, the person identified as the victim said, in effect, that she 'had reacted positively at the time,' and although she later changed her account, the key messages had already been deleted and could not be recovered. The issue was whether the defendant had obtained the other party's 'consent' at the time, or had mistakenly believed that consent existed.

Focusing on the victim's initial statement and the circumstances at the time, I concentrated on proving that the defendant could only have understood the relationship to be one of mutual acceptance. The flow of past conversations between the two, the timing and mood when the video was sent, and the victim's subsequent change in attitude all supported the view that this could hardly be regarded as a one-sided transmission without consent. The court likewise acquitted the defendant, holding that 'the victim initially reacted positively, and it is difficult to conclude that the defendant sent the video without consent.' A change of heart must not instantly become a crime.