Filming a Person Engaged in a Private Act

Sahar Adatia.

A stalker in the United Kingdom who hid in a woman’s attic and would quietly creep out at night to film her while she lay asleep partially nude has been arrested.

Mauricio Damian-Guerrero had been stalking his victim for days after meeting her on the internet content subscription service, OnlyFans.

According to local authorities, the 20-year-old broke into the woman’s New Hampshire home after allegedly making copies of the 24-year-old victim’s keys and also purchased a Bluetooth tracking device that he had intended to attach to her car.

While in the woman’s home, he remained hidden in the attic, where he had brought with himself some food, including graham crackers and hash browns, along with a cup in which he would urinate.

Nevertheless, on 9 February 2022, officers from Somersworth Police Department were dispatched to the home after tenants reported odd noises coming from the property’s attic.

Once at the property, police were told a woman who lived there had woken up earlier to discover someone standing in the doorway.

Officers carried out a search of the attic, and while they could strangely hear the sound of footsteps, they could not find anyone.

However, upon leaving the property, police noticed a man standing on the roof of the house.

He was arrested on the site and later identified as Mauricio Damian-Guerrero from Bensalem, Pennsylvania, nearly 350 miles away.

It is was learned that he was staying in an AirBnb near the woman’s home, prior to stalking her for several days after meeting her on OnlyFans.

Police Discover Video on Stalkers Phone Depicting Woman Laying Partially Nude on Her Bed

As police carried out their investigations, they later unearthed private videos on Mr Damian-Guerrero’s phone that he had recorded.

In one video, taken shortly after 3am on the night of the man’s arrest, the victim was filmed laying partially nude on her bed.

In another video, filmed the day before, footage allegedly depicted the woman’s bedroom, another bedroom in the home, and a hallway.

Officers also discovered a pair of airpods belonging to the man, as well as a Bluetooth tracking device wrapped in blue tape.

The victim, who told police she was a heavy sleeper, said she often slept with her three-year-old child.

She also told investigators that leading up to the incident, she noticed her keys had gone missing and then peculiarly reappeared.

Police suspect the stalker first entered the home with the help of a crowbar and had a duplicate of the woman’s keys made before returning them to the property, while it is alleged the man’s fingerprints were found on a window at the home.

Indeed, in the aftermath of the incident, a search warrant was executed on a truck Mr Damian-Guerrero had been driving on the night of his arrest.

This led police to the discovery of a crowbar, photos of the woman and a pair of her underwear.

A key to the woman’s home was also allegedly found on the truck’s key ring.

Upon questioning by police, Mr Damian-Guerrero admitted to filming the woman while she lay asleep.

He also admitted to breaking into her home, claiming he had entered the property without permission to reclaim a television and fireplace he had bought her.

Mr Damian-Guerrero was released on bail against the wishes of prosecutors.

“He was released with pretty strict bail conditions,” said Deputy Strafford County Attorney Emily Garod.

“But it is an ongoing concern of ours, the safety of the victim during the pendency of this case, so that is why we asked for him to be held pending trial.”

Mr Damian-Guerrero is required to wear a GPS tracking bracelet, has been ordered not to enter the state of New Hampshire and must not have contact with the victim.

Filming a Person Engaged in a Private Act

It is a criminal offence to film or video another person engaged in a private act where no consent has been given.

If you are in NSW, the law on this is outlined in section 91K of the Crimes Act 1900, which states that an offence takes place where a person, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person who is engaged in a private act:

1. without the consent of the person being filmed to being filmed for sexual gratification, and
2. knowing that the person being filmed does not consent to being filmed for sexual gratification, and
3. the person filmed was in such circumstances that he/she would ordinarily expect privacy while being engaged in a private act.

Any such offence carries a maximum penalty of a fine of $11,000, or two years in jail, or both.

In summary, to prove the offence, the prosecution must prove beyond reasonable doubt in court that:

1. The person filmed another person,
2. The person being filmed was engaged in a private act (e.g. undressed, engaging in sexual conduct)
3. The filming was for sexual arousal or sexual gratification,
4. The person did not have consent to undertake the filming for sexual arousal or gratification,
5. The person knew they did not have consent to undertake the filming, and
6. Where the filming occurred in circumstances that the filmed person would ordinarily expect to have privacy.

Defences to the charge of filming a person engaged in a private act include the filmed person consented to filming for purposes of sexual gratification, mistaken identity (in which the accused was incorrectly identified), where there is insufficient evidence to prove that the accused carried out the filming for sexual gratification.

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