Online relationships and the use (and abuse) of information and images online is a rapidly growing legal area. The legal systems in Australia and other jurisdictions around the world are developing rapidly in this area of the law.
In a recent English case, a 49 year old woman (“the Plaintiff”) started a romantic relationship with the Defendant and moved into his house a couple of months later. After a few months of living with the Defendant, she discovered that she had been filmed with a concealed microscopic camera, in the bathroom naked, both showering and while cleaning the bathroom before she showered, and also while she slept topless. She further discovered that the naked images had been uploaded onto a pornographic website, and she was identifiable in those images as they had been published alongside a photograph of her face. It became apparent that the Defendant had made money from uploading the images.
As a result of this experience, the woman suffered psychological injuries and was diagnosed with anxiety, depression and chronic post-traumatic stress disorder. The Defendant was convicted of the crime of voyeurism and other sexual offences.
Civil proceedings were commenced against the Defendant. The sum of £60,000 (or approximately AUD $110,000) was awarded for pain and suffering and loss of enjoyment of life. The Judge’s reasons for awarding these damages were based on the nature and duration of the psychological impact on the Plaintiff, resulting from what the Judge described as “image-based abuse”.
The Court additionally awarded special damages in the sum of £37,041.61 (approximately AUD $70,000). This amount was based on evidence of the victim’s actual out of pocket costs, including hotel accommodation, furniture and wasted holiday from leaving her home unexpectedly, the cost of removing images from the internet and past and future medical treatment.
The legal options available to a victim will depend on factors such as the nature of the abuse, the circumstances of the situation, and the state of the law in the jurisdiction that the incident occurred. In NSW, the recording, distribution or threatening of distributing images without consent is an offence under the Crimes Act.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
