In today's digital age, technology has reshaped how we connect-but it has also created opportunities for new and complex criminal offences. If you're facing charges relating to sextortion, image-based abuse, or other online sexual offences in Victoria, the consequences can be serious and far-reaching.
At Doogue + George, we defend people accused of these offences. This article explains what these allegations typically involve, the relevant law, and what your next steps should be.
What are These Charges About?
Sextortion
This involves allegations that someone used threats-typically to distribute intimate or explicit material-to force another person to comply with a demand, such as sending more images, money, or personal information. This is an offence under s 53T of the Crimes Act 1958. The maximum penalty is up to 3 years imprisonment.
Example: You are accused of threatening to post explicit content unless someone sends additional material. Even if the threat wasn't acted upon, the threat alone may form the basis of a criminal charge.
Image-Based Abuse (Revenge Porn)
This refers to sharing or threatening to share private sexual images or videos without consent. In Victoria, this is an offence under s53S of the Crimes Act 1958. The maximum penalty is up to 3 years imprisonment.
Example: An accusation that you shared an explicit photo of a former partner on social media could result in criminal charges-even if the image was originally sent to you consensually.
Online Harassment and Cybersex Offences
These charges may involve repeated online contact, sexually explicit messages, sending images or using digital platforms to engage in conduct alleged to be harassing, exploitative, or predatory.
In Victoria, this may be an offence under section s49M of the Crimes Act (Vic) if the offending involves a child under the age of 16. The maximum penalty is 10 years imprisonment.
This may also be an offence under s474.17 of the Criminal Code Act 1995 (Cth) that applies in Victoria. The maximum penalty is up to 3 years imprisonment.
Example: Being accused of sending repeated messages or explicit content to someone who claims it was unwelcome or threatening in some way, or communicating with a child with the intention of engaging the child to be involved in the commission of a sexual offence.
What Does the Law Say in Victoria?
Victorian law has kept pace with technology. Several statutes apply, depending on the facts:
- Blackmail and Sextortion: Under the Crimes Act 1958 (Vic), threatening to distribute images or expose a person unless demands are met can be prosecuted as blackmail or extortion, section 53T of the Crimes Act 1958 - 'threat to distribute intimate image' as noted above, and section 87 of the Crimes Act 1958 - 'Blackmail', that has a maximum penalty of 15 years imprisonment.
- Image-Based Abuse: It's a criminal offence to share an intimate image contrary to community standards of acceptable conduct. Maximum penalties can include 3 years imprisonment. Section 53S of the Crimes Act 1958 is the offence of 'Distributing Intimate Image'.
- Stalking and Harassment: Using the internet or social media to repeatedly contact or threaten someone can be prosecuted as stalking under the Crimes Act 1958, an offence that has a maximum penalty of 10 years imprisonment, or section 474.17 of the Criminal Code (Cth), as noted above.
- Commonwealth Offences: If the alleged conduct occurred online
across state or international borders, federal charges under the
Criminal Code Act 1995 (Cth) may also apply-particularly
where minors are involved. Our firm has published other articles
about sexual offending involving children:
- Defending against child porn charges in Victoria
- School kids and child pornography
- What constitutes an institution in the Royal Commission into institutional responses to child sexual abuse?
- Publishing the Child Sex Offender Registry
- Sexual penetration of, indecent act with or indecent act in the presence of a child under 16 - Is consent a mitigating factor? The Law says...
How Do Police and Courts Handle These Cases?
Victoria Police have dedicated cybercrime and sexual offence units investigating these types of allegations. Warrants may be issued for devices, accounts may be subpoenaed, and evidence may include:
- Screenshots of messages or social media activity
- Metadata from devices
- Evidence and statements received from alleged victims
In court, the Prosecution often relies on digital evidence, but context is crucial. Was it originally done with consent? Was there coercion? Were communications misinterpreted?
We regularly act in cases where these issues are not as clear-cut as they may seem initially.
FAQs for Those Accused of These Types of Offences
Is sextortion a crime in Victoria?
Yes. It can fall under blackmail, image-based abuse, or stalking laws. However, not all allegations meet the threshold for a criminal offence. There can be debate about what constitutes a breach of community standards and intention may be in dispute. Legal advice is critical.
I've been contacted by police—should I speak to them?
Do not speak to police before you have spoken to a lawyer and obtained advice. It is perfectly reasonable for you to get advice, and contrary to what many believe, it does not make you look like you have something to hide.
You should not answer police questions or participate in an interview until you receive specialised legal advice from a criminal lawyer. Anything you say in discussion and formal interviews with police may be used against you later in court as evidence.
What if I thought it was consensual?
This is a key area we examine. Digital conversations can be misinterpreted. Consent, intention, and the broader context are all vital to your defence.
Can charges be withdrawn?
Yes. In some cases, we have successfully had charges withdrawn or downgraded based on insufficient evidence, lack of intent, or improper investigative procedure.
What To Do If You're Charged or Under Investigation
- Do not delete or alter any evidence-this could be interpreted as an attempt to conceal or destroy evidence. It could also help your defence to have all information available on your device.
- Do not contact the complainant, even if you believe there's a misunderstanding.
- Contact an experienced criminal defence lawyer immediately.
Facing Charges? Get Strategic, Experienced Legal Advice.
At Doogue + George Defence Lawyers, we specialise in defending online sexual offences in Melbourne and throughout Victoria. We understand the sensitivities and reputational issues involved. If you're being investigated for sextortion, image-based abuse, or cybersex crimes, we're here to help.
