From 15 April 2019, new laws came into effect in Western Australia making it an offence to distribute, or threaten to distribute, intimate content sometimes referred to in the media as ‘revenge porn’.
The new laws have made it a criminal offence to distribute intimate content without the consent of the person contained in that content. This can include:
- an image of the person naked, partially naked, or in their underwear; and
- an image of a person who is engaging in a private act.
Under these new laws, ‘intimate content’ can be a photograph or a video and may also include edited images. However, it does not include photographs or videos of people in circumstances where they cannot reasonably expect to be afforded privacy, such as a photograph of a person in a bikini at the beach.
The new laws clearly define the term ‘distribute’ as meaning to share, post on social media, distribute by post, upload to websites, or photocopy images and display it where others can see them.
Under the new laws, it is a criminal offence to distribute the intimate image of a person unless they have freely and voluntarily given their consent. This means that their consent must not have been obtained by force, threat, intimidation, deceit or any fraudulent means.
Our team of experienced criminal defence lawyers at Kate King Legal are here to help if you have been charged with this offence or any other criminal charge, traffic matter, or restraining order matter. For urgent advice and assistance call us now on (08) 9467 3333 or click here to fill out an online enquiry.
Double Demerits this Easter Long Weekend
From Thursday 18 April 2019 to Monday 22 April 2019, inclusive, double demerit points will be in place for the following offences:
- Drink or drug driving
- Failing to wear a seat-belt/child restraint
- Running a red light
- Illegal use of a mobile phone while driving
Please take care on the roads and stay safe this long weekend.
Kate King Legal is a boutique firm of experienced criminal defence lawyers who practice in the Perth CBD. We specialise in criminal law, restraining orders and traffic law. If you need a specialist criminal defence lawyer to help you with any issues relating to restraining orders, criminal charges or any traffic matters please call us on (08) 9467 3333 or click here to fill out an online enquiry.
Residential Tenancies Legislation Amendment
Our team of experienced solicitors recently attended a presentation regarding the new Residential Tenancies Legislation Amendment (Family Violence) Bill 2018.
This legislation was passed in parliament on 19 February 2019 and aims at improving the options available to victims of family and domestic violence.
Specifically, the amendments to the Residential Tenancies Act and the Residential Parks (Long-Stay Tenants) Act will make it easier for people affected by family and domestic violence to either stay in their own rental home or to move quickly into new accommodation.
Under the new laws, victims of family and domestic violence will be able to do the following:
- Change the locks immediately and without needing to wait for the landlord’s permission;
- Terminate a tenancy agreement within seven days by providing their landlord with evidence of domestic violence. Such evidence would include a copy of a restraining order or a letter in support from their medical professional;
- Stay in their home and apply to have the perpetrator’s name removed from the tenancy agreement; and
- Pay for and install CCTV security at the property.
There are also provisions that aim at ensuring the victim does not bear any unnecessary financial burden at the end of a tenancy, such as that arising from unpaid rent, property damage and the disbursement of the bond.
It is expected that this legislation will come into effect in late April 2019.
Kate King Legal is a boutique firm of experienced criminal defence lawyers who practice in the Perth CBD. We specialise in criminal law, restraining orders and traffic law. If you need a specialist criminal defence lawyer to help you with any issues relating to restraining orders, criminal charges or any traffic matters please call u