Online Sexual Offences: Sextortion, Revenge Porn and Harassment

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.

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.

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.

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.