Tulsa, Oklahoma — In a landmark decision, a Tulsa jury awarded Kathryn Wainscott $15 million in damages after she filed a lawsuit against Daniel Toy, a man who secretly recorded her in his bathroom. This ruling is drawing attention to gaps in legislation concerning privacy violations and digital misconduct.
Wainscott, unsuspecting at the time, was recorded during a 2021 visit to Toy’s home. Toy, who had been the best man at her wedding, betrayed her trust by setting up hidden cameras in his guest bathroom. The disturbing discovery was made after Toy was arrested for attempting to take inappropriate photos under a woman’s dressing room stall in May 2022. During the arrest, authorities seized Toy’s phone and found incriminating evidence that he had also been spying on guests in his home.
Upon further investigation, police uncovered over 50,000 photos and videos on Toy’s devices, including those of Wainscott and three other identifiable women. This deeply violated Wainscott’s privacy and trust, prompting her to press charges and highlight the need for stricter legal protections against such violations.
Daniel Toy was charged and pled guilty to 10 counts of peeping Tom with photographic equipment. He was sentenced to 10 years in prison; however, his sentence does not require him to register as a sex offender upon release.
Feeling the need for legislative change, Wainscott pursued civil litigation against Toy, who did not appear in court. Her main goal was not the financial compensation, evidenced by her decision to donate all proceeds from the trial to organizations combating sexual violence and advocating for privacy rights.
During the trial, jurors quickly reached a unanimous decision in favor of Wainscott. Juror Janet Yeager expressed her dismay at the lack of current legal protections for victims of digital peeping Tom incidents, emphasizing the evolving landscape of technology and ease of acquiring recording devices. The jurors also hoped the substantial verdict would send a strong message to legislators regarding the urgency of updating privacy laws.
In recent legislative sessions, proposed measures such as Senate Bill 1329, which mandates that individuals convicted in peeping Tom cases must register as sex offenders, have stalled. However, Wainscott remains hopeful that her case will reignite considerations and lead to the enactment of such laws.
As Wainscott continues her advocacy, she reminds us that laws need active proponents to evolve, underscoring the importance of her civil court victory as a catalyst for change. Meanwhile, Toy has served one year of his sentence and is already up for parole.
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