VIC Appropriate Legal options re: Assault and recording & distributing material without consent

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Bev Sass

Member
13 April 2018
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Ok, so I am here on behalf of a friend. She is not the type to rock the boat but feels she has to take some action now to bring her a resolve of sorts. The mental impact on her appears to have had a heavy influence over her behavior around other people, and the way she now treats herself.

Roughly about eight months ago, she had been out at a friend’s celebrating a special occasion. As the night wore on, she found herself getting tired and a friend advised her to have a lie down on a couch in their sunroom area, where she could get some peace away from the rest of the party. At some stage as she slept on the couch, an uninvited guest decided it would be funny to urinate on her, film it, and send it to everyone on his Snapchat. She did not know this had taken place until weeks later when her friend pulled aside and had a word. She said the house had smelled of beer that was either stale or “used”, and it had been raining quite heavily all night, so being damp and smelly after a long night of lots of spilled beer didn’t seem amiss. Gross, but not unexpected.

Before this incident she had never met the person/people responsible. They were neither friends nor associates. The only connection between the victim and the urinating male was the small town location they both reside in, the male being new and obviously keen to impress his new friends. Yes, young and dumb!

This has happened to a person who would normally let the stupidity of others slide. Her ability to interact with others has been dramatically affected, as has her ability to successfully navigate everyday public interaction. A once lively person who loved to socialize, now a recluse; making time only to sleep and work her increasing number of anti-social jobs. She now doesn’t even prioritize time for meals. This is a person I care deeply about and I want to do know every option she has to deal with this on a legal level, what evidence she might be required etc. What legal action can be taken on this matter, and is there a statute of limitations on what action can be taken?

Please no victim blaming, there was reasonable presumption of safety on her and friend’s behalf, it’s not as if the ‘poor’ urinater accidently peed on someone who was camouflaged as a urinal. I’ll also add that the offender has made zero attempt to make amends, not even a dumb emoji text.

I thank you, in advance, for your time; I know this is a long post.
 

AllForHer

Well-Known Member
23 July 2014
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She should go to the police.
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
Two avenues to pursue - Criminal and/or civil.

Criminal - Battery, obscene act, offensive behaviour. Might also fall under the new Vic sexting rules.

Civil - Trespass to the person, battery, defamation.

Your friend should sit down and think about what kind of remedy she wants and then go for it. Stewing on it and feeling powerless to do anything is just wrong.

She has options she can pursue - criminal sanctions - fines, CCO, good behaviour bond or civil damages - money, apology.