You would know that physically abusing your significant other would result in criminal charges, but the recent amendments to the Criminal Code in 2018 now include laws about the non-consensual sharing of intimate images or ‘revenge porn’.
But my girlfriend sent me the photo consensually
Break-ups are never easy and in the era of social media, it isn’t unusual for the break-up to be made unnecessarily public. It is not a crime to send an explicit photograph to your partner, or even to receive that photograph (assuming your partner is over the age of 16 years). If the photograph is shared to friends without the consent of the person in the photograph, you could find yourself charged with Distributing Intimate Images, which has a maximum penalty of three years imprisonment.
I’m not going to actually send it though
Although the amendments for revenge porn only came into effect in 2018, it is already an area, which has been before the court regularly. It does not matter that you didn’t really intend on sending the photos, if you threaten to send an explicit photograph of someone this is enough to have you charged.
How do I know what is classed as an intimate image?
The definition of an intimate image is defined to mean a moving or still image that depicts one (or more) of the following;
- The person engaged in an intimate sexual activity that is not ordinarily done in public; or
- The person’s genital or anal region, when it is bare or covered only by underwear; or
- If the person is female or a transgender or intersex person who identifies as female – the person’s bare breasts
But I genuinely thought she (or he) wouldn’t care!
You must have the persons consent if you want to send an intimate image to another person. The following statements would not be a defence to the charge of distributing intimate images;
- She consented to the video, so I thought she would be fine to share it with my friends…
- Sending intimate images was part of our relationship. Look at her Facebook and see what she sent me – so why would I think she had a problem with it now…
- She is promiscuous anyway so sharing it should be a problem
What if we are under 16?
It needs to be kept in mind that the legal age of consent is 16, so any sexual acts done and especially filmed or photographed could result in a more heinous charge than one of distributing intimate images. An essential element of this charge is consent. A child under 16 years is incapable of providing consent, so these pictures should not be shared under any circumstances.
If you are interested in reading the bill itself, please click here.
About the Author.
Demi Quadrio has been working in criminal law for the past 6 years. During this time, she has represented clients with a wide range of legal issues. For more information on revenge porn laws, or help with your legal matters, contact Demi Quadrio on 0477 800 620.