The sharing of intimate images (sometimes referred to as ‘sexting’) is the act of taking sexually explicit photographs or video and distributing them to another person (or persons) via mobile phone or other online communication method. Even though the intimate images may have been initially taken with the consent of the person/s featured in the image (including if the images were ‘selfies’), once this content has been made and initially distributed, the person (or persons) featured in the material loses control of it. Such material can easily be redistributed to anyone else or made public without the consent of the person/s featured in the images or video.
The non-consensual sharing of intimate images (whether express or implied) can be used to coerce, control, abuse, blackmail, humiliate, intimidate or harass another person. As such, it can have a serious impact on victims, including psychological injury and trauma, as well as a loss of reputation, social standing, or employment.
In South Australia, under the Intervention Orders (Prevention of Abuse) Act 2009 (SA), it is a criminal offence to distribute, or threaten to distribute, intimate photographs or videos of another person without their prior consent.
If you have not consented to the publication or distribution of any intimate material, we recommend that you contact the police and report the offence. Based on your statement the police may decide to lay criminal charges against the person who has shared (or is threatening to share), inimate photos or video of you.
Given the seriousness of this offence you should also consider obtaining an Intervention Order (often referred to as a Restraining Order), against the person making such threats. This will prevent him/her from making any further threats towards you.
An intervention order is a court order made against a person – including a current or former spouse or defacto partner or someone you have been in an intimate relationship with, who has physically abused you, made threats of violence towards you or intimidated you in some way. The person you fear (known as the defendant) must obey the order made by the court. An intervention order has certain conditions which can make clear that the defendant must not assault, harass, or intimidate you. An Intervention Order can also say that the defendant must not contact you via telephone, email or online, or attend your home or workplace.
It may also be appropriate to name other people, such as children or other family members as protected persons, when applying for an Intervention Order.
The person’s threatening behaviour is a form of “violence” under the Act, which is given a broad definition. It may also be possible to obtain an injunction for personal protection thereby prohibiting your ex from engaging in further threatening behaviour and/or posting any intimate photographs or videos of you online.
For further information on Intervention Orders please click here
