Definition of consent in intimate image offences Section 91O of the Crimes Act 1900 sets out the meaning of consent in intimate image offences.
Which are offences under:
- Section 91P – Recording an intimate image without consent
- Section 91Q – Distributing an intimate image without consent, and
- Section 91R – Threatening to record or distribute an intimate image.
The section states that a person consents to the conduct if he or she ‘freely and voluntarily agrees’ to it.
It makes clear that a person who consents to such conduct on a particular occasion does not, by reason of that fact only, agree to similar conduct on another occasion.
It further states that a person does not consent if he or she:
- Is under the age of 16 years
- Does not have the cognitive capacity to consent
- Is unconscious or asleep
- Consents due to threats of force or terror, or
- Is unlawfully detained.
The section also provides that other grounds may be considered when deciding whether or not a person consented.
If you are going to court for an Intimate Image Offence, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
Section 91O of the Crimes Act 1900 sets out the meaning of consent in the context of intimate image offences and reads as follows:
91O Meaning of Consent in Intimate Image Offences
(1) This section applies to all offences under this Division.
(2) A person consents to the recording of an intimate image if the person freely and voluntarily agrees to the recording of the intimate image.
(3) A person consents to the distribution of an intimate image if the person freely and voluntarily agrees to the distribution of the intimate image.
(4) A person who consents to the recording or distribution of an image on a particular occasion is not, by reason only of that fact, to be regarded as having consented to the recording or distribution of that image or any other image on another occasion.
(5) A person who consents to the distribution of an image to a particular person or in a particular way is not, by reason only of that fact, to be regarded as having consented to the distribution of that image or any other image to another person or in another way.
(6) A person who distributes an image of himself or herself is not, by reason only of that fact, to be regarded as having consented to any other distribution of the image.
(7) A person does not consent to the recording or distribution of an intimate image:
(a) if the person is under the age of 16 years or does not otherwise have the capacity to consent, including because of cognitive incapacity, or
(b) if the person does not have the opportunity to consent because the person is unconscious or asleep, or
(c) if the person consents because of threats of force or terror (whether the threats are against, or the terror is instilled in, that person or any other person), or
(d) if the person consents because the person is unlawfully detained.
(8) This section does not limit the grounds on which it may be established that a person does not consent to the recording or distribution of an intimate image.
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Proven Track Record of Exceptional Results
Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.
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Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.
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Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
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We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.
We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
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We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.
The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.
We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.
We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
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Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
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