Victorian Current Acts

CRIMES ACT 1958 - SECT 53Q

Circumstances in which a person does not consent to the production or distribution of an intimate image include, but are not limited to, the following—

        (a)     the person does not say or do anything to indicate consent to the production or distribution of the intimate image;

        (b)     the person agrees to the production or distribution of the intimate image because of force, a fear of force, harm of any type or a fear of harm of any type, whether to that person or someone else, regardless of—

              (i)     when the force, harm or conduct giving rise to the fear occurs; and

              (ii)     whether it is, or is a result of, a single incident or part of an ongoing pattern;

Examples

Each of the following is an example of a type of harm referred to in this paragraph—

(a)     economic or financial harm;

(b)     reputational harm;

(c)     harm to the person's family, cultural or community relationships;

(d)     harm to the person's employment;

(e)     family violence involving psychological abuse or harm to mental health;

(f)     sexual harassment.

        (c)     the person agrees to the production or distribution of the intimate image because of coercion or intimidation—

              (i)     regardless of when the coercion or intimidation occurs; and

              (ii)     whether it is, or is a result of, a single incident or is part of an ongoing pattern;

        (d)     the person agrees to the production or distribution of the intimate image because the person is overborne by the abuse of a relationship of authority or trust;

        (e)     the person is asleep or unconscious;

        (f)     the person is so affected by alcohol or another drug as to be incapable of consenting to the production or distribution of the intimate image;

        (g)     the person is so affected by alcohol or another drug as to be incapable of withdrawing consent to the production or distribution of the intimate image.

Note

This circumstance may apply where a person gave consent when not so affected by alcohol or another drug as to be incapable of consenting.

S. 53R inserted by No. 38/2022 s. 22.