MARTIN BEHAN OF WALTHAM ABBEY SENTENCED FOR UPKIRTING INCIDENT AT TESCO
In March 2019, Martin Behan, a 64-year-old man from Waltham Abbey, was convicted for upskirting at a Tesco store.The incident involved Behan taking hundreds of photographs of a female shopper’s underwear, motivated by a fetish for legs.
The offence occurred on the evening of August 23 at Tesco in Waltham Abbey.
The victim, while in the fruit and vegetable aisle, felt something brush her leg.
Upon turning around, she saw Behan crouched with his hand between her legs, holding a phone under her dress.
In shock, she asked Behan if he was taking her photograph; he denied it.
She then asked for his phone, which he handed over, and she took it to security.
Security officers then observed Behan attempting to leave the store.
They detained him and called the police.
The police confirmed that Behan was attempting to evade arrest, and a search of his devices revealed hundreds of photographs and videos stored on two mobile phones and multiple memory cards.
The images included one potentially of a schoolgirl.
Upskirt photography is illegal in the UK since January 2019, carrying a maximum sentence of two years in prison.
The act involves making unauthorized images under a person’s clothing, capturing areas such as the crotch, underwear, or genitalia.
Behan appeared in Chelmsford Magistrates’ Court on Tuesday, March 5.
The court was told the victim continues to be affected by the incident and is "looking over her shoulder".
When questioned, Behan claimed he was attracted to women who had their legs out because of his fetish, similar to the stockings and tights worn by prostitutes he used to see.
He stated he wanted to photograph her legs after noticing them in the supermarket.
During police interviews, Behan was bailed but was called back for further questioning on February 6, 2019, after officers found extensive evidence of his activities.
While Behan claimed he only took pictures of women over 18, one image suggested it could have featured a girl in a school uniform.
His lawyer, Andrew Clowser, told the court that Behan had admitted guilt early and cooperated with law enforcement.
Clowser added that Behan’s behavior was "highly reckless".
Clowser also noted that Behan, who has struggled to find work over the past four years, is in a relationship with an older woman unaware of his crimes.
It was revealed that Behan’s criminal history includes a 2003 conviction for filming a 15-year-old girl in her bath with a covert camera.
Martin Behan, of Winters Way in Waltham Abbey, was sentenced to a 36-month community order for two counts of outraging public decency.
He is also required to complete up to 35 hours of a sexual offenders’ behavior program, 20 days of rehabilitation activities, and pay a total of £405 in court costs, victim surcharge, and related fees.
