REVENGE PORN CRIMINAL OFFENCES IN NSW
Australian State, Territory and Federal Governments continuously reform criminal law in response to what they consider new, changing and emerging issues. In recent times, the focus of such reform in NSW has been the introduction and criminalisation of a new type of criminal offence, commonly referred to as ‘revenge porn’.
Technological advancements which have made it easier to covertly and overtly film sexual encounters, advancements in AI technology and a rising trend of people sharing and publishing such sensitive materials of their ex-partners led society to demand a legislative response from respective governments. Approximately one in five Australians have experienced image-based sexual abuse, according to research by RMIT University.
In introducing revenge porn criminal offences to the Crimes Act 1900 (NSW), the then NSW Attorney General Mark Speakman stated that “No one should ever use intimate images to threaten, control or humiliate victims, which is why the NSW Government introduced this legislation to ensure perpetrators are held to account.”
WHAT ARE REVENGE PORN CRIMINAL OFFENCES?
The criminal offence of revenge porn is a colloquial term that defines certain criminal offences that criminalise the recording and/or distributing of intimate images of a person without consent.
Section 91P of the Crimes Act 1900 (NSW) makes it a criminal offence to intentionally record an intimate image of another person without the consent of the person, and knowing the person did not consent to the recording or being reckless as to whether the person consented to the recording. An individual convicted of this revenge porn criminal offence is liable for imprisonment of up to 3 years.
Revenge porn offences also include situations where the filming or photography may have been consensual, but the dissemination of the footage was non-consensual. Section 91Q of the Crimes Act 1900 (NSW) makes it a criminal offence to distribute an intimate image of another person without the consent of the person, and knowing the person did not consent to the distribution or being reckless as to whether the person consented to the distribution. An individual convicted of this revenge porn criminal offence is liable for imprisonment up to 3 years.
Section 91R of the same legislation makes it a criminal offence to threaten to record or distribute an intimate image, also with a punishment of up to 3 years imprisonment.
WHAT IS AN INTIMATE IMAGE?
Section 91N of the Crimes Act 1900 (NSW) defines an intimate image as an image of a person’s private parts, or of a person engaged in a private act, or an image that has been altered to appear as such, in circumstances in which a reasonable person would reasonably expect to be afforded privacy.
If you or someone you know has been accused or charged with a revenge porn criminal offence, contact our expert criminal lawyers at Criminal Lawyers Group immediately so that we may secure the best outcome for you or your family or friend.
NEWCASTLE MAN JAILED AFTER THREATENING TO RELEASE INTIMATE IMAGES
In one high-profile revenge porn criminal offence matter, 31-year-old Newcastle man and car salesman Ethan Henshaw appeared in Sydney Downing Centre Local Court and was sentenced to 15 months in jail, with a non-parole period of nine months, after being convicted of threatening to distribute an intimate image without consent, as well as three breaches of an Apprehended Violence Order (AVO) put in place to protect his ex-girlfriend.
The situation unfolded following the breakdown of Mr Henshaw and the victim’s relationship. After having had an argument with the victim, Mr Henshaw proceeded to send the victim six images and six videos of her engaging in sexual acts and then threatened to send the images to her family and friends. The victim reported the incident to police and Mr Henshaw was arrested at his Boolaroo home. An AVO was put in place to protect the victim, although Mr Henshaw breached the AVO by sending her a friend request on snapchat and a text message via social media. He was then caught by Police again breaching the AVO by being in a park adjacent to the woman’s address.
He will be eligible to be released on 15 February 2025.
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A conviction of a revenge porn criminal offence has serious ramifications. If you are accused or charged with a revenge porn criminal offence, contact our expert criminal lawyers immediately. We have a proven track record of securing the best possible results, including the withdrawing of charges and Not Guilty verdicts in revenge porn criminal offence matters.