#Revenge #porn: First person sentenced under new #ACT #laws handed #non-conviction order


_________________________

The laws were introduced late last year to target those who use or threaten to use social media and other means to distribute intimate images, particularly with the aim of intimidation or social notoriety.

A 22-year-old German exchange student was charged after complaints from a woman that he had distributed an indecent image.

Today, the man told the ACT Magistrates Court he took several pictures on Snapchat after a sexual encounter with the victim, following a night out at nightclub Mooseheads.

He told the court the pair had not been drinking at the Canberra nightspot, because they had “pre-loaded” with cheaper alcohol from the supermarket before going out.

Tackling revenge porn

He said he sent one image of the pair topless to a friend after being taunted that he was gay.

During today’s sentencing hearing he said it was not until the police arrived four weeks later that he knew there was a complaint.

In a victim impact statement read to the court the woman said she had been left feeling “vulnerable, exposed and objectified”.

The man told the court he was very remorseful.

“I did not intend to hurt her, I didn’t do it on purpose,” he said.

‘A stupid act with potentially serious consequences’

Chief Magistrate Lorraine Walker said it was clear the victim knew he had a camera in the room.

“This reflects a generation of people who have grown up living their lives in public,” she said.

But she told the man his actions were indecent, and he had used her privacy to make a point to a friend for his own purposes.

Taking down revenge porn

The court heard the man had been banned from the campus he was attending and was unable to complete his studies.

His lawyer told the court he had gone into debt and had to live in a hostel while waiting for the court matter to be finalised.

Ms Walker accepted he had suffered extra punishment and that his remorse was genuine.

“Your behaviour was incredibly stupid,” she said.

“It was a stupid act by a young man with potentially serious consequences.”

But Ms Walker said the actions did not fall into the serious categories that the new laws were set up to address.

She found the offences proved, but used her discretion to record a non-conviction order.

The court has ordered the man’s passport be returned and he is expected to leave Australia shortly.

Source: http://www.abc.net.au/news/2018-07-30/first-act-revenge-porn-sentence-non-conviction-order-for-german/10052858


_________________________