Have you been accused of Intentionally Visually Capture Another Person’s Genital or Anal Region?
These investigations normally begin with Police knocking on your door with a search warrant wanting to look at your computer and other devices. If this happens, call our office immediately to get advice. We can speak with the Police and make sure they are not searching for things they do not have authority to check.
We can guide you during your Police interview what your obligations are, or if you must hand over your electronic devices. You risk harming your defence if you do not know how to properly deal with the Police.
Pleading not guilty
Our lawyers are experienced in representing people charged with Intentionally Visually Capture Another Person’s Genital or Anal Region. You want a lawyer who is going to fight for your rights and challenge the Police case. There will be a lot of evidence that needs to be requested from the Police. Just because the Police say something happened does not make it so. Therefore, we conduct our own very careful investigations.
We can also help you in a plea of guilty to Intentionally Visually Capture Another Person’s Genital or Anal Region. There are things which a Magistrate needs to know which can lead to a better outcome. We are experienced with these sorts of matters and know what helps in Court. We can help you gather character references and reports which might persuade a Magistrate not to send you to prison.
Sentencing in the higher courts of VictoriaSentencing in the Magistrates’ Courts of Victoria
- Contact an expert in charges of Intentionally Visually Capture Another Person’s Genital or Anal Region on (03) 9670 5111.
- We provide a free first phone conference.
- Download our free booklet to learn more about the Investigation and Court process.
Which court will the case be heard in?As a summary offence, any summons for this charge will primarily be handled by the Magistrates’ Court.
What is the legal definition of Intentionally Visually Capture Another Person’s Genital or Anal Region?A person must not intentionally visually capture another person’s genital or anal region in the circumstances in which it would be reasonable for that other person to expect that his or her genital or anal region could not be visually captured.
The reasonable expectation test is an objective one – what would a reasonable person in the position of the person whose genital or anal region is being visually captured have expected?1
Examples of Intentionally Visually Capture Another Person’s Genital or Anal Region
- A person is found to be using their phone on public transport secretly capturing ‘up-skirt’ images.
- A university student is discovered taking photos of fellow students’ genital area and sharing the images on phone applications such as Snapchat to friends.
- A person hides a video camera in a towel or bag to capture images of genital regions on a beach during the summer period.
Elements of the offenceThe prosecution must prove:
- The accused visually captures another person’s genital or anal region;
- The accused does so intentionally; and
- 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.
LegislationThe legislation for this offence can be found on section 41B of the Summary Offences Act 1966:
Visually Capturing Genital or Anal Region
A person must not intentionally visually capture another person’s genital or anal region in circumstances in which it would be reasonable for that other person to expect that his or her genital or anal region could not be visually captured.
Penalty: 2 years imprisonment.
- The reasonable expectation test is an objective one—what would a reasonable person in the position of the person whose genital or anal region is being visually captured have expected.
- Section 41D(1) sets out exceptions to this offence.2
DefencesIn certain circumstances surrounding this charge, consent can be a crucial component to a defence. Other areas to explore may include intent, incorrect factual matrix, concept of beyond reasonable doubt, and reasonable mistake of belief.
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.
Questions in cases like this
- Was there consent, either implied or explicit, in the circumstances?
- Did the image originally originate from a broadcasting or data casting service?
Maximum penalty for section 41B of the Summary Offences Act 1966This 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.
SentencingEven though the maximum penalty for pleading guilty to Intentionally Visually Capture Another Person’s Genital or Anal Region is a term of a imprisonment, most people sentenced received a Community Correction Order. You can increase your chances of receiving a Community Correction or fine by:
- Demonstrating genuine remorse,
- Obtaining an expert report which explains the cause for your offending,
- Undergoing treatment or a men’s behaviour change program,
- Preparing properly considered plea submissions which explain your personal circumstances.
- SAC Statistics – Summary Offences Act 1966 (Vic) : s 41B – intentionally visually capture another person’s genital region
- Taking Photographs ‘in public’: What’s Lawful and What’s Not?
- The Role of Emerging Communication Technologies in Experiences of Sexual Violence
 Summary Offences Act 1966 (VIC) s 41B
- Abduction of a Child Under the Age of 16 for a Sexual Purpose
- Abduction or Detention for a Sexual Purpose
- Administration of Drugs for a Sexual Purpose
- Assault with Intent to Commit a Sexual Offence
- Compelling Sexual Penetration
- Distribution of Intimate Image
- Furnish False or Misleading Information (Sex Offender Registry)
- Indecent Act In the Presence of a Child Under the Age of 16
- Indecent Assault
- Intentionally Visually Capture Another Person’s Genital or Anal Region
- Involving a Child in the Production of Child Abuse Material
- Loitering Near Schools By a Sexual Offender
- Offence of Failing to Comply With Reporting Obligations (Sex Offender Registry)
- Persistent Sexual Abuse of a Child Under 16
- Possession of Child Abuse Material
- Procuring a Sexual Act By Fraud
- Procuring a Sexual Act By Threat
- Production of Child Pornography
- Sexual Activity Directed at Another Person
- Sexual Assault By Compelling Sexual Touching
- Sexual Assault
- Sexual Offences – Persons With a Cognitive Impairment By Providers of Special Programs
- Sexual Offences Against Persons With a Cognitive Impairment By Doctors etc.
- Sexual Penetration of 16 or 17 Year Old Child
- Sexual Penetration of a Child Under 16
- Sexual Servitude
- Threat to Commit Sexual Offence
- Threat to Distribute Intimate Image