NSW I have been Scammed - Civil or Criminal?

Discussion in 'Other/General Law Forum' started by Kenway2020, 4 June 2018.

  1. Kenway2020

    Kenway2020 Member

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    This question is on behalf of my female friend.

    The question is whether this scenario is considered a civil wrong or a criminal offence.. Or not illegal?

    My friend was online recently, She was approached by someone, for this scenario his name is "Fred" and her name is "Lea"

    Fred offered her a monetary value for Lea to produce a video of herself having sexual intercourse with an unknown male that Fred located.

    Fred said that Lea had to make the video first and then he would purchase it, Fred gave lea a demand of what he wanted to see in the footage.

    Lea made the video, Fred messaged her and said he was no longer interested in the purchase.

    What in legal terms should Lea pursue?


    Same scenario:

    It is alleged that it was actually Fred that had meet Lea and covertly impersonated the male and had sexual intercourse with Lea. He didn't really want the video, just a free encounter.

    Have any laws been contravened?

    TIA
     
  2. Clancy

    Clancy Well-Known Member

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    Sex industry legislation is mostly state based, which state are you in?

    But my advice is chalk this up to experience.... honestly, this part is a fairly obvious red flag "unknown male that Fred located" Why would Fred need to chose the male? (Well... ok you might believe it if he was very good looking and well hung, so then you have a 'reason' for Fred to be choosing.)

    Lea may be able to sell the video to someone else? Fred may be able to take legal action if that happened? Depending on the evidenced arrangements?
     
  3. Kenway2020

    Kenway2020 Member

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    NSW, she isn't a registered sex worker.

    I'm not sure why she went along with it, money can do funny things to people she did it and thats were we are at, it all seems odd to me. But she came to me for advice and was concerned how to move forward.

    just to recap, My concerns are that my friend got scammed by this guy. She is scared or embarrassed to seek an outcome she is also concerned for the cost of advice. I believe if she at least knows what has happened to her in a legal sense, she would then pursue it. I am gathering that is why she sought my unprofessional advice

    I told her to speak to a lawyer, but her parents said go to the police. I believe her fears are going to either of them to only be told too bad your just unlucky. last thing she wants is to pay $400 an hour to be told that.
     
  4. Clancy

    Clancy Well-Known Member

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    Oh, ok, i see.... well, it wont just be the money then, and women dont get into this kind of trouble because they are stupid, i will tell you exactly why.... things that challenge a woman's personal boundaries can sometimes be very exciting, that will be why.

    I am not sure i am seeing any legal course of action here?

    However, it probably should at least be reported to police, they may not action it on its own, but it will remain on record, and added up with other incidents, may then become something police can action and stop this guy.
     
  5. Rod

    Rod Well-Known Member
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    This a tough one. Off the top of my head I can't see criminal activity. Problem is she consented to sex with a stranger and that is what happened.

    She has in effect a contract and can demand completion of the contract by the other party (ie payment). Not sure a court would hold the contract to be be valid due to the immoral behaviour required in the contract. She could try sending a demand letter to see if that works.
     
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  6. Cobra1972

    Cobra1972 Well-Known Member

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    Your friend needs to attend a Police station and they will likely contact a Sexual Crimes Squad (or similar) for advice. After hearing all the details they can guide her in the right direction. They can also put support in place, via counseling etc.

    She doesn't need to pay a lawyer in the first instance...
     
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  7. Lucaslly97

    Lucaslly97 Well-Known Member

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    It could be fraud if proven it is the same guy who contacted Lea and had sex with her? Call the police, tract the number and you will be able to tell?
     
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  8. Cobra1972

    Cobra1972 Well-Known Member

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    I'm sorry, but if it was a CRIMINAL offence, it would be a sexual offence. Not Fraud.
     
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