Sexual Offences: frequently asked questions

Image-based abuse involves sharing or threatening to share intimate images without consent. It is an offence under the Crimes Act 1958 (Vic) and can also constitute a federal offence.

The Crimes Act 1958 (Vic) Part 3A covers non-consensual sharing of intimate images and other image-based abuse. The Commonwealth Criminal Code Act 1995 also contains offences for using a carriage service to transmit offensive or harassing material. Sam Russo has experience in digitally complex matters and works with forensic experts where required.

Sextortion involves threatening to share intimate images unless demands (usually money) are met. It constitutes multiple offences in Victoria and under Commonwealth law, including blackmail and using a carriage service to menace.

Sextortion matters typically involve Commonwealth offences under the Criminal Code Act 1995 (Cth) as well as state offences. Sam Russo has experience with complex multi-jurisdictional matters and can advise on both the criminal exposure and any associated civil remedies.

Do not make admissions, offer explanations for where you were or what you did, or speculate about what police know. Exercise your right to silence beyond confirming your name and address, and ask to speak to a lawyer before any interview.

Common mistakes people make: trying to explain themselves to show cooperation, volunteering context that implicates them, or assuming an informal conversation is not being recorded. Police are experienced interviewers. The safest position before speaking to a lawyer is to say: I wish to exercise my right to silence. I would like to speak to a lawyer. Sam is contactable by phone and can provide immediate pre-interview advice.

Contact a criminal lawyer as soon as possible after being charged, and before any police interview if one has been requested. Time matters most in the first 24 hours: bail decisions, interview decisions, and early charge negotiations all occur at this stage.

If you have been arrested and are at the police station, you have the right to speak to a lawyer before an interview. Sam is available by phone for urgent matters. Once charged, your first court date (the Mention) is typically 4 to 6 weeks away in the Magistrates' Court, but preparation for that date begins immediately.