Child Abuse Material &
‘Up-Skirting’ Offences
What is Child Abuse Material?
The possession, distribution, and production of material that shows or describes a child in a way that a reasonable person would regard as offensive constitutes an offence punishable by 10 years imprisonment.
It is also an offence to use a child in the production of child abuse material which is punishable by 10 or 20 years imprisonment depending upon the factual circumstances.
The type of material that could be considered offensive includes:
-
Child Victimisation
A child as a victim of torture, cruelty, or physical abuse;
-
Sexually Provocative Pose, Position or Activity
A child engaging in a sexual pose or sexual activity (whether or not in the presence of other persons);
-
Offensive Behaviour in the Presence of a Child
A child in the presence of another person who is engaging in a sexual pose or sexual activity;
-
Private Parts, Genitalia and Intimate Areas
The private parts of a child; and/or
-
Cartoon Depictions
Cartoon depictions of any of the above.
To keep up with the ever-evolving digital landscape, the NSW Government recently introduced legislation to combat behaviour which has been seen to encourage the possession, distribution, and production of child abuse material such as administering, or encouraging the use of, a digital platform to deal with child abuse material and providing information about avoiding detection.
These types of offences carry a maximum penalty of 14 years imprisonment.
Is There Any Defence?
There are a number of potentially relevant defences available to these offences, such as innocent possession, distribution, or production of child abuse material, adequate steps were taken to dispose of the material once it became known to the alleged offender as being material of that nature, the behaviour was for public benefit, the images were of only the alleged offender, or in a consensual sexting scenario the alleged offender was also under 18 years and a reasonable person would consider the possession of the material acceptable.
This is an area of law which is particularly complex and rife with misinterpretation, which is why it is imperative that you consult an experienced criminal defence lawyer.
If you find yourself charged with any child abuse offence, do not hesitate to reach out to the team at Jackson John Defence Lawyers so we can help you successfully navigate the complicated Court process.
Charged with offences related to child abuse material?
It's crucial to have experienced legal representation to protect your rights and explore your defence options. Our Jackson John Defence Lawyers team is here to provide expert guidance through these serious charges.
Please contact us today for confidential advice and support.
Voyeurism: 'Up-Skirt' & 'Down Blousing'
What is Up-Skirting?
'Up-skirting' refers to the filming of a person's private parts without consent. Private parts are defined by the Crimes Act 1900 (NSW) to include a person's genital area or anal area, whether bare or covered by underwear, or the breasts of a female person, or transgender or intersex person identifying as female, whether or not the breast are sexually developed.
Filming means the person cause one or more images (whether still or moving) of the other person or the other person's private parts to be recorded or transmitted for the purpose of enabling the person or a third person to observe those images (whether during the filming or later).
A person who films another person's private parts without consent, knowing the other person does not consent, with the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, in circumstances which a reasonable person would expect the person's private parts could not be filmed is liable for a maximum term of imprisonment of 2 years and/or the imposition of a $11,000 fine.
If the person films the private parts of a child under the age of 16 years or constructs some form of apparatus or amends the structure of a building to facilitate the filming, the maximum penalty increases to 5 years imprisonment.
What You Need to Know
-
‘Up-Skirting’
‘Up-Skirting’ refers to the intrusive act of taking pictures or capturing images, often using a camera or mobile device, up someone's skirt or dress without their knowledge or consent.
This invasive practice is typically done to obtain unauthorised images of a person's intimate areas, such as their underwear or genital region, and is widely considered a violation of privacy and, in many jurisdictions, a criminal offence.
-
'Down-Blousing'
‘Down-Blousing’ is when someone takes pictures or captures images using a camera or phone from above a person's clothing, usually down their neckline or low-cut attire, without the female persons knowledge or consent. The term 'down-blousing' comes from 'up-skirting,' which is a similar invasion of privacy.
This practice is often done to obtain unauthorised images of a person's breasts, chest or cleavage and is considered an invasion of privacy and, a breach of personal boundaries. It is subject to legal consequences in line with the definition of Private parts as defined by the Crimes Act 1900 (NSW) and is regarded as inappropriate, disrespectful and socially unacceptable.
-
Voyeurism
Voyeurism is a behavior characterised by the act of secretly observing or spying on people who are undressing, engaged in sexual activity, or in other private or intimate situations without their knowledge or consent. This conduct is often done for sexual arousal or gratification and is considered an invasion of privacy and, in many cases, a criminal offense.
Is There Any Possible Defences?
Our Jackson John Defence Lawyers team is experienced in putting the Prosecution to strict proof. What does this mean? To be found guilty, the Prosecution must prove the “essential elements” of the offence beyond reasonable doubt.
This is a high legal threshold, and many cases that seem unwinnable at first can collapse with a well-planned defence strategy. If you’re facing such charges, contact our team for expert guidance. We will work diligently to build a strong defence and protect your rights.
Facing serious charges?
Many cases that seem difficult at first can be successfully defended with the right strategy.
Contact our experienced team at Jackson John Defence Lawyers today. Let us build a solid defence to protect your rights and secure the best possible outcome—Get Your Free Initial Consultation.