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QLD Video Recording Without Consent - What to Do?

Discussion in 'Criminal Law Forum' started by Sarah broom, 15 January 2015.

  1. Sarah broom

    Sarah broom Member

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    A couple of weeks ago my sister stupidly took part in a sexual act with a married man in his office and now is worried as to why the man was persistent on doing so and is worried what if he recorded her to use it against her and show her family. My querie is, would that not be against the law if it was done without her knowledge, a breach of privacy, and if so what would be the consequences for the person that recorded it? under criminal law
     
  2. AllForHer

    AllForHer Well-Known Member

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    As I understand it, tape recordings of face-to-face instances are legal so long as one party is aware of the recording. It doesn't matter that they don't have the consent of the other party.
     
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  3. Sophea

    Sophea Well-Known Member

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    Hi Sarah,

    It may depend largely upon where this occurred. For example, in NSW it is a criminal offence to film a person engaged in private acts (which include sexual acts) or to film a person's private parts without their consent. These offences attract prison sentences of up to 2 years.

    In Qld however, consent is not required to legally record a private act under the Surveillance Devices legislation.

    It also depends on how it was recorded and how he would publish or reveal the footage or photographs to others. If the internet was used for this, i.e. filmed on webcam and published on social media or streamed to someone else, then an criminal offence regarding the improper or indecent use of the internet may have been committed.
     
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