OPINION - Revenge porn law turns lens on offender

25 October 2020

THIS week the NSW Parliament passed important legislation that expanded the definition of prescribed sexual offences to include intimate image offences.

This overdue reform will mean that victims of revenge pornography will be able to access extra layers of protection already offered to victims of other sexual offences.

These protections include allowing court proceedings to be closed while a victim is giving evidence, allowing for evidence to be given via CCTV, and allowing complainants to have a support person present while giving evidence.

We live in a time of rapid technological change and it is incumbent on government to keep up. With the rise of mobile phones has come sexting. Unfortunately, some have taken to sharing intimate pictures of their partners without consent, often circulating them amongst friend groups or posting them online, sometimes on websites set up for this specific purpose.

This is a despicable act. It is also illegal.

So-called revenge pornography has been illegal in NSW since 2017 following recommendations from the NSW Parliament's Committee on Children and Young People.

As a member of the Committee, I was involved in to the 2016 inquiry into the sexualisation of children and young people. The submissions to the inquiry, particularly those surrounding revenge porn, made for harrowing reading.

The objective of a revenge pornographer is clear: the humiliation of their former partner. This humiliation is made possible by the heinous exploitation of the victim's trust. It is unacceptable in any form.

The extent of harm that can be caused by this disgusting practice was outlined by the Andrew Johnson, who at the time was Advocate for Children and Young People. He told the Committee, The non-consensual redistribution of sexts can cause significant harm to the victim, affecting the young person's wellbeing, health, school, employment, family and peer relationships.

Unfortunately, the trauma and humiliation experienced by victims can be compounded when their matter is heard in court.

This reform will also strengthen the court's ability to make restitution orders - which will provide financial compensation for the harm victims experience - as well as orders preventing future threats of similar acts.

It is helpful that these issues are being addressed in Parliament, but we still have a way to go to ensure adequate protection from this sort of exploitation.

This opinion piecewas printedin the Newcastle Herald on October 25, 2020.