The video showed him stripping to his boxers and shoving his penis in the young woman's face, before hitting her on the cheek with it. The lady had fallen asleep at a house party they all attended.
The incident occurred last year but it was exposed this year after the friend showed the phone video to colleagues who called in the police.
The victim said she felt sexually “violated” and that the video’s existence horrified her.
She said: "It makes me think that it could still be out there in someone's possession and that anyone could have it. Knowing that it could exist petrifies me."
Dale who was jailed for nine months at Nottingham Crown Court in September, had his appeal against the jail term thrown out this week.
Metro UK reports Judge Alistair McCreath, sitting with Lord Justice McCombe and Mr Justice Spencer at the Court of Appeal as saying: “One can see in stark form the distress caused to the victim of this offence and the continuing nature of it. The sentence which the judge imposed cannot possibly be wrong in principle."
Dale’s defence attorney, Trevor Burke QC acknowledged that the act was ‘extremely unpleasant’ but argued that it was not driven by sexual gratification. According to him, the loss of Dale’s studies and career in law was enough punishment.
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