A man who shared an intimate video and image of a former partner has been convicted in Orange Local Court for what is commonly known as revenge porn.
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The 36-year-old man - whom the Central Western Daily has chosen not to name in order to protect the identity of the victim - pleaded guilty to intentionally distributing an intimate image without consent and also contravening an AVO.
According to police documents, the offender used the social media app Signal to send his former partner 20 messages over the space of three days in late January.
The messages had started with the man telling the victim that he missed her before becoming increasingly threatening and abusive.
One such text to the victim said that if something were to "happen to a couple that lives here in Orange" it would be "100% your fault [sic]".
Police said that the victim had understood that the "couple" to which he was referring to be her parents and she had been "scared and intimidated" by the comment.
Those 20 messages had included an image and a video of the victim engaged in a private act which the offender recorded when they were still in a relationship.
"The victim had not given the accused permission to send her the intimate video of her," police said.
Throughout the victim's recorded police interview, she had been "visibly upset" and frequently "burst into tears".
In addition to distributing the intimate image of his former partner and contravening an AVO, the man was also convicted of stalk/intimidate and possessing 0.4 grams of methamphetamine.
Upon being apprehended by police, the man agreed that the messages he sent the victim were threatening and intimidating. He further stated that he sent the intimate video to her in order to "stir up her feelings".
Solicitor Andrew Rolfe said that since the man's threatening and persistent messages to the victim between January 29 and 31 he had not contacted her. Mr Rolfe added that there were cross AVOs between the offender and the victim.
In sentencing, magistrate David Day said that the persistent nature of the man's offending warranted a prison sentence.
He added that, in his view, the "serious matter" of him sending her the intimate images was the offender trying to harm and degrade his ex-partner.
The man was sentenced to an 18 month Intensive Corrections Order.
In September 2018, Parliament created specific criminal offences for distributing or threatening to distribute a sexual image or video without consent - the maximum penalty for which is five years imprisonment.
Victims of image-based abuse can report the matter to police or the eSafety Commissioner.
If you or someone you know is impacted by sexual assault, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call 000.
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