Going to Court? Book Your Free First Appointment

Definition of Consent in Intimate Image Offences

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:

  1. Section 91P – Recording an intimate image without consent
  2. Section 91Q – Distributing an intimate image without consent, and
  3. 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:

  1. Is under the age of 16 years
  2. Does not have the cognitive capacity to consent
  3. Is unconscious or asleep
  4. Consents due to threats of force or terror, or
  5. Is unlawfully detained.

The section also provides that other grounds may be considered when deciding whether or not a person consented.

What Our Clients Say SEE ALL

  • ★★★★★

    Very professional. Very good result

    Had Court today Salam Shammu represented me. Very professional. Very good result. Salam worked really…

  • ★★★★★

    Best possible outcome on a very sensitive case

    This is a gesture of appreciation, not only from myself but also on behalf of…

  • ★★★★★

    Very helpful and supportive all through out the whole process

    Very happy with the outcome towards the end of a very difficult situation. I will…

  • ★★★★★

    Great professionalism and empathy

    My experience with Sydney Criminal Lawyers was one of great professionalism and empathy. Our lawyer…

Going to Court? Call For Your Free First Appointment