Scorned lovers are turning criminal with the rash decision to distribute private images of ex-partners without consent. This act has been coined as ‘Revenge Porn.’
As the age of the internet and social media has well and truly taken heed - many misfortunes are due to follow. This new term, ‘revenge porn’ is one of many criminal offences that have arisen due to today’s digital era.
This new image-based abuse is now considered a criminal offence in Queensland, with perpetrators set to face a maximum three years jail time if found guilty.
The seriousness of these matters cannot be debated, yet many are still unaware of the consequences and the elements involved in committing this crime.
What Is Revenge Porn?
Revenge porn is committed when someone non-consensually releases the private images of another person (generally someone with whom the offender shared an intimate relationship with) in order to sabotage their reputation, work status or livelihood. These images are often revealing or invasive media produced during the period of privacy within the relationship.
Further, images that have been digitally altered are also considered an intimate image.
This could be:
• a person’s face digitally added to a pornographic or sexualised image; or
• a nude or partially nude person - digitally covered (e.g. with an emoji).
Regardless of the term ‘revenge porn,’ the offence can still be committed without an element of revenge.
In the eyes of the law, the specificities of revenge porn will not be tied to there being a known relationship between offender and victim.
The law will determine if the act constitutes a criminal offence by proving there have been ramifications upon the victim, and an intent to inflict them.
More Than One
There are three revenge porn offences now outlined in the Criminal Code in Australia.
These are:
1. The distribution of intimate images;
2. The Distribution of Prohibited Visual Recordings; and
3. Threatening to Distribute Images or Recordings.
All of which attract a maximum penalty of three years imprisonment.
If taken to court, there will most likely be an order for all images and media to be destroyed. Failure to adhere to this order could result in yet another offence – punishable by two years in prison maximum.
Creevey Russell Lawyers can also assist victims of ‘revenge porn.’ If you are someone you know has been a victim of revenge porn, please contact one of our experienced criminal lawyers today.
Contact Creevey Russell, Brisbane, Roma and Toowoomba Today
or call direct on 07 3009 655 today