March 18, 2019

NL – Charge of recording intimate image without consent dismissed

Facts: Record intimate image without consent

NL was charged with recording image without consent after his colleague accused him of recording her in the female bathrooms.

NL, a male, left the office and proceeded to the female bathrooms and entered a cubicle. One minute later, the complainant entered the female bathrooms and used a cubicle next to NL. The complainant noticed NL’s phone on the floor and yelled out “What the f***! Why the f*** are you recording me?!” The complainant then ran out of bathroom, followed by NL quickly exiting.

NL was subsequently arrested. He faced charges under section 91P, Crimes Act 1900. NL stated he was in the female bathroom as he was suffering from gastroenteritis at the time and provided police with a medical certificate. NL also stated he didn’t stick the phone under towards the other side of the cubicle and did not cross the threshold of the cubicle wall. Police seized the phone but did not locate any photos/videos of the incident.

Electronically Recorded Interview of a Suspected Person (ERISP) couldn’t prove charges

O’Brien Criminal and Civil Solicitors successfully asked the Court to consider the alternative version of facts from NL in the electronically recorded interview of a suspected person (ERISP). The Prosecutor agreed with our submission that he could not accept the evidence against NL proved the charge beyond a reasonable doubt. The charge was dismissed and NL’s record remains clear.

If you are a victim of, or charged with recording intimate images without consent, speak to O’Brien Criminal and Civil Solicitors to get expert advice on your case. Call us on (02) 9261 4281 or email