Sexting and Cyber Sexual Assault

Sexting and Cyber Sexual Assault Lawyers

In Victoria, there are primarily three offences which seek to target ‘sexting’ and other forms of cyber sexual assault.

Each is based upon the definition of an ‘intimate image’. Legislation defines this as an image which depicts a person engaged in sexual activity, or them in a manner or context that is sexual, or their genital, anal or breast region (including in underwear).

It is an offence to produce (make or create), distribute (publish, send, or make available to others) without a person’s consent, or to threaten to distribute an image. Whether the person was consenting to the production or distribution occurring requires it being a ‘free and voluntary agreement’ for it to occur.

Further, the production or distribution must be contrary to community standards of acceptable conduct, which depend on the nature of the image, the circumstances in which it was taken and those personal to the person depicted, and the degree to which their privacy is affected.

Importantly, creating an intimate image of someone using editing software or artificial intelligence can meet the definition of production.

Anthony Isaacs Experience in this Space

We have represented persons charged with each of these offences. In matters we have contested, it has proven very useful to have a record of correspondence, particularly text messages, between the parties which provides context to the production of images which might otherwise be absent.

For example, in one matter we were able to demonstrate that at the time the intimate images were taken, the complainant was obviously aware and consenting to their production, despite subsequently claiming they had no idea they were being taken.

If you are aware of allegations involving intimate images being made against you, call us for a free consultation. We have the experience to give expert advice and help you through what is usually a personally sensitive and stressful time:

Contesting a Charge

There are several ways to contest an intimate image charge including whether it was taken intentionally, whether it was taken with consent, whether it is acceptable conduct, has the image actually been distributed or whether the person who is accused was even the person who took or distributed the image. It is important to have an Accredited Specialist examine each element of the offence, and then whether a defence is available.

This must then be set out to the Prosecution during the preliminary administrative hearings prior to the final Contested Hearing where witnesses will be called to give evidence. Ideally, we can negotiate the charges be withdrawn prior to reaching that stage, or an alternative resolution reached. Call us should you wish to discuss this process and the options involved.

What Should I Do if Accused?

If you are accused of committing an offence, become informed, understand the process and focus on what you can control. Ring an Accredited Specialist who can explain what is going to take place, what choices you can make, and their advice on the best ones.

Sexual Assault at Large

For more information on cyber offences and sexual offences including rape and child exploitation, please visit our criminal defence services page.

We also have a repository of content with relevant support including information on the age of consent and how to prepare for a police interview.

Verified by Tom Isaacs

Bachelor of Laws with Honours – LLB(Hons)

Tom has been part of the firm for the past 10 years, working initially as a law clerk and now as a fully qualified Solicitor. He completed his Bachelor of Laws with Honours at Deakin University, and undertook his legal training at the Leo Cussen Institute where he was president of his class. Tom appears regularly at Magistrates’ Courts, both metropolitan and in regional Victoria. Tom is an expert in rape and sexual assault cases. If you need impartial advice, contact him today.