Record Intimate Image Without Consent

Record Intimate Image Without Consent

The offence of record intimate image without consent is one of the most serious charges a person can face. It is not unusual for your life to be upended by allegations of this nature.

Our team have an exceptional record in obtaining ‘not guilty’ verdicts as well as being able to negotiate to have charges dropped or downgraded.

We also commonly are able to have clients avoid gaol when they plead guilty.

Contact us now to speak to a Law Society accredited specialist criminal lawyer.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Record Intimate Image Without Consent?

  Record intimate image without consent is an offence under section 91P of the Crimes Act 1900 with a maximum penalty of 3 years’ imprisonment and/or a fine of 100 penalty units.

   

  How do you beat a Record Intimate Image Without Consent charge?

  You can beat a record intimate image without consent if the prosecution cannot prove beyond reasonable doubt that:

  1. You recorded an intimate image of another person;
  2. You intended to record that intimate image;
  3. that person did not consent;
  4. Knowing the other person did not consent, or being reckless as to whether they were consenting.

  Filming without consent allegations in NSW are far more commonplace today. Community attitudes have changed significantly since the #metoo movement which has made fighting such charges more difficult than ever before.

  That is why you need to obtain advice from a specialist criminal lawyer as soon as possible to begin preparing your defence.

  Contact us today to speak to our friendly team.

   

  What is an Intimate Image?

  An ‘intimate image’ is:

  1. A person’s private parts, or a person engaged in a private act, or
  2. An image altered to appear to show a person’s private parts, or
  3. The person engaged in a private act, where a reasonable person would expect to be afforded privacy.

  What are Private Parts?

  Private parts are defined as:

  1. The genital or anal area (even if it is covered by underwear), or
  2. The breasts of a female or transgender or intersex person identifying as female, whether or not the breasts are developed.

  What is a Private Act?

  A private act is:

  1. A person who is undressed, or
  2. Using the toilet, showering or bathing, or
  3. A sexual act that is not ordinarily done in public, or
  4. Any other like activity.

   

  Examples of Recording Intimate Images Without Consent?

  Examples of recording intimate images without consent include:

  • Filming or photographing a nude person if they are too drunk to consent to the images being taken.
  • Taking pictures of someone in their underwear, or naked, whilst they are asleep and without their prior consent.
  • Taking an intimate picture or video of someone who has consented to a video or picture being taken previously, but who has not expressly consented this time.

   

  Defences to Record Intimate Image Without Consent?

  The defences to record intimate image without consent are:

  1. Consent: the alleged victim consented to the recording of the intimate image
  2. Honest and reasonable mistake: You held an honest and reasonable belief that the alleged victim consented to the recording of the intimate image.
  3. Identification: The Crown cannot establish that you were the perpetrator. For example, if there is not sufficient evidence that you were responsible for the recording;
  4. Duress: You were forced to commit the offence
  5. Necessity: the commission of the offence was necessary in the circumstances
• PLEADING GUILTY

  If after receiving detailed advice from an accredited specialist in criminal law, you decide that the best course if for you to plead guilty, we will need to begin preparing for sentencing. Our guide will be of some general assistance, but you will need to consult a specialist sexual assault lawyer for representation in Court and advice specific to your case.

  Contact us now to speak to our friendly team.

   

  Penalties for Record Intimate Image Without Consent

  The maximum penalty for Record Intimate Image Without Consent is 100 penalty units or imprisonment for 3 years, or both.

  Contact us now to discuss your case with an experienced record intimate image with consent lawyer.

   

  Sentencing for Record Intimate Image Without Consent?

  Below is a list of options in sentencing for record intimate image without consent:

  • Section 10 dismissal
  • Conditional release order without conviction (previously known as Section 10 good behaviour bond)
  • Fine
  • Conditional release order with conviction (previously known as Section 9 good behaviour bond)
  • Community Corrections Order (previously known as Community Service Order)
  • Intensive Corrections Order
  • Full Time Imprisonment

  Offences of this nature almost exclusively result in a term of imprisonment. This is borne out in the sentencing statistics set out below.

   

  Can I go to jail for Record Intimate Image Without Consent?

  Yes. Record intimate image without consent can result in a jail sentence. When analysing statistics for record intimate image without consent since 2018, it is unsurprising to see that over 40% of offenders were sentenced to some form of imprisonment.

  Only six offenders received no conviction for record intimate image without consent.

  Plainly, there is a lot at stake when charged with an offence as serious as this. As such, you should speak to Australia’s best record intimate image without consent lawyers who can provide you with the best defence.