Territory Stories

Social Policy Scrutiny Committee Inquiry into the Criminal Code Amendment (Intimate Images) Bill 2017 March 2018

Details:

Title

Social Policy Scrutiny Committee Inquiry into the Criminal Code Amendment (Intimate Images) Bill 2017 March 2018

Other title

Tabled paper 650

Collection

Tabled papers for 13th Assembly 2016 - 2020; Tabled papers; ParliamentNT

Date

2018-03-13

Description

Tabled by Ngaree Ah Kit

Notes

Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.

Language

English

Subject

Tabled papers

Publisher name

Legislative Assembly of the Northern Territory

Place of publication

Darwin

File type

application/pdf

Use

Copyright

Copyright owner

See publication

License

https://www.legislation.gov.au/Details/C2019C00042

Parent handle

https://hdl.handle.net/10070/294464

Citation address

https://hdl.handle.net/10070/396375

Page content

Examination of the Bill 23 Dr Anastasia Powell and Dr Asher Flynn on behalf of the Office of the eSafety Commissioner.36 In our survey, we found that 80% of victims who had experienced threats to distribute an image reported high levels of psychological distress, consistent with a diagnosis of moderate to severe depression and/or anxiety disorder. Levels of psychological distress were also high for other victims of image-based abuse, with 67% of those whose images were taken without their consent, and 75% of those whose images were distributed, also reporting symptoms of moderate to severe depression and/or anxiety.37 Some of the most damaging examples of image-based abuse we have heard of from victims and from service providers, is where the threat of releasing an image is used to harass a victim, or to coerce them in some way Our finding that threats of image-based abuse cause greater psychological distress for victims compared with the taking or distribution of images demonstrates the seriousness of these harms.38 3.28 Ms Vanessa Lethlean (Managing Solicitor: Top End Womens Legal Service) advised the Committee that: As evidence suggests, domestic and family violence offenders currently use private sexual material as a tool to intimidate, harass and/or control current and former partners. That is reflected within our legal practice. I acknowledge that the threat of using such material can cause similar harm as the actual distribution.39 3.29 Dr Nicola Henry (Associate Professor and Vice-Chancellors Principal Research Fellow: Centre for Global Studies, RMIT University) suggested that to more fully reflect principle 7 of the National Principles, proposed section 208AC(1) should be amended to specifically state that the offence occurs irrespective of whether or not the image exists.40 The Department advised that proposed section 208AC does, in fact, reflect the National Principles, but does so in 208AC(2)(c). 3.30 Modelled on section 72E(2) of the Crimes Act 1900 (ACT), proposed subsection 208AC(2)(c) provides that a person may be found guilty even if carrying out the threat is impossible. By way of clarification, the Bill also includes the examples that the image does not exist, and technical limitations prevent.41 36 Department of the Attorney-General and Justice, Answers to Written Questions, 13 February 2018, https://parliament.nt.gov.au/committees/spsc/CCA#TP, pp.5-6; Dr Nicola Henry, Dr Anastasia Powell and Dr Asher Flynn, Not Just Revenge Pornography: Australians Experience of Image-Based Abuse, A Summary Report, May 2017, https://www.rmit.edu.au/content/dam/rmit/documents/college-of-design-and-socialcontext/schools/global-urban-and-social-studies/revenge_porn_report_2017.pdf, Office of the eSafety Commissioner, Image Based Abuse, National Survey: Summary Report, February 2018, https://www.esafety.gov.au/image-based-abuse/about/research 37 Dr Nicola Henry, Dr Anastasia Powell and Dr Asher Flynn, Not Just Revenge Pornography: Australians Experience of Image-Based Abuse, A Summary Report, May 2017, https://www.rmit.edu.au/content/dam/rmit/documents/college-of-design-and-social-context/schools/globalurban-and-social-studies/revenge_porn_report_2017.pdf, p.5 38 Dr Nicola Henry, Dr Anastasia Powell and Dr Asher Flynn, Not Just Revenge Pornography: Australians Experience of Image-Based Abuse, A Summary Report, May 2017, https://www.rmit.edu.au/content/dam/rmit/documents/college-of-design-and-social-context/schools/globalurban-and-social-studies/revenge_porn_report_2017.pdf, p.9 39 Ms Vanessa Lethlean, Committee Transcript, 14 February 2018, p.10; Top End Womens Legal Service, Submission No. 4 40 RMIT University and Monash University, Submission No. 2; Dr Nicola Henry, Committee Transcript, 14 February 2018, p.8 41 Department of the Attorney-General and Justice, Answers to Written Questions, 13 February 2018, https://parliament.nt.gov.au/committees/spsc/CCA#TP, pp.6-7 https://parliament.nt.gov.au/committees/spsc/CCA#TP https://www.rmit.edu.au/content/dam/rmit/documents/college-of-design-and-social-context/schools/global-urban-and-social-studies/revenge_porn_report_2017.pdf https://www.rmit.edu.au/content/dam/rmit/documents/college-of-design-and-social-context/schools/global-urban-and-social-studies/revenge_porn_report_2017.pdf https://www.esafety.gov.au/image-based-abuse/about/research https://www.rmit.edu.au/content/dam/rmit/documents/college-of-design-and-social-context/schools/global-urban-and-social-studies/revenge_porn_report_2017.pdf https://www.rmit.edu.au/content/dam/rmit/documents/college-of-design-and-social-context/schools/global-urban-and-social-studies/revenge_porn_report_2017.pdf https://www.rmit.edu.au/content/dam/rmit/documents/college-of-design-and-social-context/schools/global-urban-and-social-studies/revenge_porn_report_2017.pdf https://www.rmit.edu.au/content/dam/rmit/documents/college-of-design-and-social-context/schools/global-urban-and-social-studies/revenge_porn_report_2017.pdf https://parliament.nt.gov.au/committees/spsc/CCA#TP


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