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Intentionally Visually Capture Another Person’s Genital or Anal Region

A person must not intentionally photograph or video another person’s genital or anal region without the consent of that person. This is an offence pursuant to section 41B of the Summary Offences Act 1966.

This offence carries a penalty of two years imprisonment as the highest possible sentence. Repeat offending or relevant priors may significantly affect the outcome of your case in Court. As a summary offence, any summons for this charge will primarily be handled by the Magistrates’ Court. The most recent statistics available in the State of Victoria recorded 27 cases related to this offence that were sentenced from July 2011 to June 2014.

Your decision on whether to contest or plead guilty to this charge is a crucial consideration that you need to discuss with a criminal lawyer. Know your rights as a defendant and be informed of the legal implications of either plea. Without a lawyer to inform you of the legal issues, you may end up having to face very serious consequences.

Elements of the charge of ‘intentionally visually capture another person’s genital region’
The prosecution must prove:

  1. The accused visually captures another person’s genital or anal region;
  2. The accused does so intentionally; and
  3. The accused does so in circumstances in which a reasonable person in the position of the other person would expect that his or her genital or anal region could not be visually captured.

Defending this type of charge
Cases related to this offence could be defended, amongst other defences, on the basis of consent, absence of required intent, incorrect factual matrix, concept of beyond reasonable doubt, and reasonable mistake of belief.

 

This article was written on 15/03/2016 and relates to the law that stands at this time.

Further information on Intentionally Visually Capture Another Person’s Genital or Anal Region

Possible Defences

In a case of Intentionally Visually Capture Another Person’s Genital or Anal Region, the following defences may be applicable to the charge:

  • Concept of Beyond Reasonable Doubt
  • Honest and Reasonable Mistake of Belief
  • Consent
  • Lack of Required Intent
  • Wrong Facts

Penalties

We are yet to supply information on the penalty section of this offence page. Please check back later. You can check above for information on the highest possible penalty for this offence.

Legislation

What is the legislation for the charge of Intentionally Visually Capture Another Person’s Genital or Anal Region?

The legislation for this offence can be found on section 41B of the Summary Offences Act 1966.

Case Studies

We currently have no case studies related to the offence of Intentionally Visually Capture Another Person’s Genital or Anal Region.

Media Articles

We currently have no media articles related to the charge of Intentionally Visually Capture Another Person’s Genital or Anal Region.

Further Info

 

Need further legal advice on this charge?
Contact one of our solicitors specialising in cases of Intentionally Visually Capture Another Person’s Genital or Anal Region, Andrew George.