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M2: Sexting
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First edition July 2019
Acknowledgements: Thank you to Ashwood, Berendale, Heatherwood and Marnebek schools. Thank you to Warringa Park School for working with us in 2012 on the first stage of this project.
© 2019 Victoria Legal Aid.
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Disclaimer
The material in this publication is a general guide only. It is not legal advice. Victoria Legal Aid strongly advises you to seek independent legal advice about your particular situation.
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ContentsAbout Learning the law......................................................................................................................... 4Resilience, Rights & Respectful Relationships (RRRR)........................................................................6Suggested lesson plans........................................................................................................................7What do these words mean?..............................................................................................................10The film – Sexting...............................................................................................................................11Activity 1 – What do these words mean?............................................................................................13Activity 2 – What was the problem here?............................................................................................19Activity 3 – What can Kathy do now?..................................................................................................22Extra legal information........................................................................................................................27Extra resources...................................................................................................................................32
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About Learning the lawWhat is Learning the law?Learning the law is an online suite of teaching tools for teachers of students with a mild intellectual disability in years 8 to 12.
Teachers in mainstream schools who want simplified materials on the legal topics may also find these tools useful.
By using these tools, teachers can help young people increase their:
knowledge of legal rights and responsibilities ability to identify legal problems confidence in seeking help.
There are four topics:
fines driving consent sexting.
Each topic includes a short film and three activities.
What is in this teachers’ resource?This teachers’ resource supports the topic of sexting. It provides:
three legal education lesson plans discussion questions legal information a list of additional teaching resources about sexting.
What are the learning outcomes?Knowledge
Students gain knowledge about the legal issues to do with sexting. Students identify where to get help if they have a legal issue about sexting. Students consider how to prevent a legal problem relating to sexting.
Skills
narrative analysis reading discussion decision making problem solving web browsing.
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What tools will you need?You will need the:
Sexting video Sexting online activities this Sexting teachers’ resource.
You will find the Learning the law tools online. See Learning the law (www.legalaid.vic.gov.au/learningthelaw).
What technology will you need?You will need access to external websites, including websites with video content. You may also want to use a data projector to connect to your device.
Using the right languageRecent studies show that sexting is very common among young people and that it is becoming part of teenage sexual behaviour and courtship. Young people do not use the term ‘sexting’. They may have their own words to describe what adults and media call sexting, such as ‘selfies’ or ‘nudes’. Ask the group what language they use so you can use it in your session.
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Resilience, Rights & Respectful Relationships (RRRR) How does Learning the law link to the RRRR curriculum?For Victorian teachers teaching the Resilience, Rights & Respectful Relationships (RRRR) curriculum, you may want to use elements of Learning the law to support or extend session plans and activities in the RRRR Learning Materials and the Building Respectful Relationships resource.
Resource RRRR curriculum relevant to Sexting unit of Learning the law
Building Respectful Relationships
Unit 1: Gender, Respect & Relationships, Session 6, Understanding sexual harassment
Unit 2: The Power Connection Unit 3: Gender, Power & Media
RRRR, Year 7–8 Learning Materials
Topic 8: Positive gender relations, Activity 2: Critical thinking about gender-based violence within sexual imagery, pages 91
RRRR, Year 11–12 Learning Materials
Topic 8: Positive gender relations, Activity 2: Attitudes associated with gender-based violence, page 98 and Activity 4: Pornography, gender and intimate relationships page 110
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Suggested lesson plansLesson oneIn this lesson you can watch the Sexting film and do ‘Activity 1 – What do these words mean?’
Structure Minutes
Introduction
Outline today’s lesson. Set ground rules (for example, watch the film quietly, take turns with answers).
5
Tuning in to the session
Watch the Sexting film. Have a discussion (see notes on page 12.) Watch the film again. Have further discussion (see notes on page 12).
25
Building knowledge of topic
Complete ‘Activity 1 – What do these words mean?’ (see notes about this activity on page 13).
20
Drawing it together
Reflection. Possible prompt questions:- What was one thing or one important word you learnt in today’s lesson?
- What questions do you have after today’s lesson? Conclusion. Prompt questions:
- What is sexting?
- What are the problems with getting, keeping or sending a sexy selfie?
10
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Lesson twoIn this lesson, you can revisit the film and do ‘Activity 2 – What was the problem here?’.
Structure Minutes
Introduction
Recap on the last lesson. Outline today’s lesson. Set ground rules (for example, watch the film and activity screens quietly, take turns
with answers).
10
Tuning in to the session
Watch the Sexting film. Have a discussion (see notes on page 12).
10
Building knowledge of topic
Complete ‘Activity 2 – What was the problem here?’ (see notes about this activity on page 19).
30
Drawing it together
Reflection. Possible prompt questions:- What was one thing or one important word you learnt in today’s lesson?
- What questions do you have after today’s lesson? Conclusion. Prompt questions:
- What were the problems for Kathy?
- What were the problems for Carla?
- What did the lawyer say?
10
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Lesson threeIn this lesson, you can revisit the film and do ‘Activity 3 – What can Kathy do now?’
Structure Minutes
Introduction
Recap previous lesson Outline today’s lesson Set ground rules (for example, watch the film and activity screens quietly, take turns
with answers).
10
Tuning in to the session
Watch the Sexting film again Have discussion (see notes on page 12).
15
Building knowledge of topic
Complete ‘Activity 3 – What can Kathy do now?’ (see notes about this activity on page 22).
25
Drawing it together
Reflection. Possible prompt questions:- What was one thing or one important word you learnt in today’s lesson?
- What questions do you have after today’s lesson? Conclusion. Prompt questions:
- What can you do if you get a sexy selfie?
- Where can you go for help?
- What can you do to avoid getting into trouble with sexting?
10
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What do these words mean?In these teachers’ notes, we use legal words. The definitions for these words are below. We have also included other legal words that you might hear used.
age of consent – the legal age where you can agree to sexual activity
arrest – when the police hold you in custody because they think you have broken the law
bail – a promise that you will go to court to face charges on a certain date. You may have to agree to conditions like reporting to the police or living at a certain place
charge – this term is used two ways. Firstly, it is an action the police can take. When the police charge you with an offence, this means they believe you have broken the law and are taking you to court. Secondly, once the police have charged you with committing an offence, the offence is also referred to as the charge
Children’s Court of Victoria – the court where young people have criminal and some family matters heard
consent – free agreement to do something
custody – when the police have arrested you and you are not free to leave
evidence – information (from a witness, documents or material) used in court to prove something
hearing – the presentation of a matter at court
indecent assault – a type of sexual offence
judge – a person who hears cases. They decide whether you are guilty or not. They can give sentences. In the Children’s Court, a judge hears some cases. However, the formal title is ‘president’
magistrate – a person who hears cases in the Magistrates’ Court and the Children’s Court. They decide whether you are guilty or not and they decide sentences (punishment)
offence – a particular action or behaviour that the law says is wrong
rape – a type of sexual offence
sentence – this term is used two ways. Firstly, if the judge or magistrate finds you guilty, they will sentence you according to the offence you committed. That means the magistrate or judge gives you a penalty and, if your offence was serious, they may also give you a conviction. Secondly, the conviction and the penalty is referred to as the sentence
sexual assault – common expression for sexual offences
summons – a document that says when and where you must go to court
There is more information about legal terms such as age of consent, sexual offence and police interviews in the ‘Extra legal information’ section on page 27.
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The film – SextingSee the film online at Sexting (https://youtu.be/4GwXKMzAOu4)
Characters
Kathy, 14 Carla, 14
SummaryKathy and Carla are friends. They are hanging out at Kathy’s place.
Kathy has been sent sexy selfies from a guy in year 10 called Mason. She shows Carla. Carla is unimpressed. Kathy tells Carla she might send Mason some sexy selfies in return.
Near the end of the film, we hear Kathy’s mum entering from the front doorway.
Kathy wants to continue the conversation later with Carla. Kathy also wants to send Mason’s pictures on to Carla.
Transcript KATHY: Hey, Year 10 guy… I gave him my number.
CARLA: Year 10 guy?
KATHY: You’re so in love with Jimmy that you don’t listen. Year 10 Guy has a name: Mason. Here, look. [Shows Carla the phone.]
CARLA: Whoa. Can you give me a warning before showing me Mason’s… picture?
KATHY: Sorry.
CARLA: That was full-on.
KATHY: You’ve seen a penis before.
CARLA: Yeah, but I don’t want to see Mason’s.
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KATHY: Ok, I won’t show you the other pictures then.
CARLA: How many do you have?
KATHY: A few.
CARLA: Do you like this penis-Year-10-guy?
KATHY: I don’t know.
CARLA: Do you send him pictures?
KATHY: I might. [The door opens.] Hey, Mum. [To Carla.] I’ll send you his pics.
CARLA: I don’t want them.
KATHY: Chat later.
Length1:40 minutes.
Discussion questions – first viewYou might want to lead the discussion with these questions:
Who are the characters in the film? What happened to the characters in the film? What is the story? How old is Kathy? If Mason is in year 10, how old do you think Mason is? What are some of the things you saw Kathy do? What actions, words or things could Kathy get in trouble for? What actions, words or things could Mason get in trouble for? How did Kathy feel in the film? What tells us this?
You may also want to ask the students one or two of these questions before watching the film and ask the students to look out for the answers.
Further discussion questions – subsequent viewsWhen you revisit the film, you could ask the students to look out for the answers to some of the questions above before watching the film.
You could also ask:
Is there anything else you notice about the film this time? Is there anything you feel differently about this time?
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Activity 1 – What do these words mean?About this activity
Making a sext Keeping a sext Sharing a sext
In this activity, you and your students can:
Look at three images from the film, which have corresponding words or phrases underneath them. Discuss what the words or phrases mean.
Interacting with this activityIn the module, you will click on the image to highlight it.
Discussion questionsYou may want to use these questions with the students to start discussion:
What do you think the word selfie means? Are there other terms you use? Have you heard the word selfie being used before? When and where? What’s going on in these pictures? How do you think Kathy is feeling in these pictures? What tells us this?
Legal answersYour discussion with students will touch on different issues you may be using the Sexting topic as part of broader education on sexuality, gender, decision making within relationships or respectful relationships. The following information can support you to discuss legal issues. Key points are in bold – these are the main messages to pass on to the students.
There is more information about legal terms such as sexual offence and police interviews in the ‘Extra legal information’ section on page 27.
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Making, keeping or sharing a sext
Key points
It is illegal to distribute an intimate image of anyone who looks or is under the age of 18. Intimate images of adults can be distributed if they have freely agreed to you sharing the image. In Victoria, ‘producing’, ‘procuring’, ‘possessing’ or ‘accessing’ sexual images or video of a person who is
or appears to be under 18 years can be considered ‘child pornography’. This is a criminal offence. There are also Commonwealth laws about using postal services or ‘carriage services’ to ‘possess, control,
produce, supply or obtain’ child pornography or child abuse material. In some cases, sexting can also be considered ‘stalking’ or ‘sexual harassment’. If a young person is asked to make a sexual image or video, they should say no because the image or
video could be shared with other people. If a young person receives a sexual image or video of someone who is under 18 or appears to be under 18
years, they should not keep it. They should immediately delete it.
Sexting and terminology
‘Sexting’ is not a legal term. It refers to people sending sexual words or images to one another. A ‘selfie’ is also not a legal term and refers to an image you take of yourself (usually using a phone). Different laws will use different legal words when referring to sexual images or videos, but the words sexting and selfie are commonly understood by most people.
When discussing sexting with young people, you may want to consider what terms you use. You may wish to define the legal words that the laws use and then use terminology that the students know.
Sexting – Victorian laws
Distributing or threatening to distribute an intimate image
About the law
In Victoria, there are laws about ‘distributing an intimate image’ or ‘threatening to distribute an intimate image’ of another person. It is illegal to:
post or send an intimate image of someone who looks or is under 18 years of age to anyone else, even if the person in the intimate image agreed to it
threaten to do this.
An ‘intimate image’ means a moving or still image that shows:
a person engaged in sexual activity, or a person in a manner or context that is sexual, or the genital or anal region of a person and, in the case of a female, the breasts.
The law is different for intimate images of adults. If the person in the intimate image is over 18, it is illegal to send it or share it with anyone else unless the person in the intimate image has agreed to the sharing.
This means adults can agree to other people distributing an intimate image of them but children cannot.
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Being charged
If Victoria Police suspect a person has broken the law and there is evidence of this, the police can charge that person with ‘distributing an intimate image’ or ‘threatening to distribute an intimate image’ depending on the circumstances. In the ‘Extra legal information’ section on pages 27 to 30, we discuss the process of being charged, interviewed and going to court.
In the film, if we assume Mason and Kathy are both in Victoria, Mason will not be breaking this law by sending Kathy intimate images because the intimate images are of himself. However, under this law, because Mason is under 18 years of age, Kathy may get into trouble if she forwards Mason’s pictures to Carla or anyone else. Kathy may also get into trouble for threatening to distribute the intimate image to Carla or anyone else, and Carla or the other person believe that Kathy might do this.
Penalties
There are serious penalties for distributing an intimate image:
up to two years in jail for sending or posting an image of someone under 18 up to one year in jail for threatening to do this.
A person cannot be put on the Register of Sexual Offenders for breaking these laws. This is a register of people who have been convicted of sex offences. If you are on the register, there are certain things that you cannot do. For example, this prevents you from working or volunteering to work with people under 18 years old including working or volunteering at schools or childcare centres. It is uncommon for a young person to be placed on the register by the Children’s Court. Please see the ‘Extra legal information’ section on pages 29 to 30 for penalties in the Children’s Court.
Victorian child pornography laws
About the law
‘Child pornography’ is not the legal term used in Victoria (the legal term is ‘child abuse material’). It refers to any film, photograph, publication, drawing or computer game which shows someone who is or who appears to be, under the age of 18 engaging in sexual activity or depicted in an indecent sexual manner or context.
This means that, depending on the circumstances, sexual poses with clothes on, as well as clothes off, might be child pornography.
A photograph includes photographs taken on phones, tablets or web-cams. Child pornography can also be written.
This offence applies to images of a person who is or appears to be under the age of 18.
There are child pornography laws about producing and possessing (making and keeping), accessing and procuring (asking for) child pornography.
Being charged
If Victoria Police suspect a person has broken these laws and there is evidence of this, the police can charge that person with possession, production, accessing and/or procuring child pornography.
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Exceptions or possible defences to child pornography laws for young people are:
if the young person is under 18 and in Victoria, they can make, keep and share a sexual image or video of themselves
if they have a sexual image or video of someone else who is under 18, they can keep the sexual image or video as long as:- there is no one in the image or video who is more than 24 months younger than them, and- the image or video does not show any crimes (such as rape) being committed.
If the person in the image is under 18 years, the image or video cannot be shared with anyone else (for example, texted, emailed, forwarded or posted online). This is then ‘distributing an intimate image’ (covered by laws discussed in the previous section).
In the film, if Mason and Kathy are both in Victoria, Mason will not be breaking these laws by sending Kathy sexual images of himself. Kathy is younger than Mason, so she will not be breaking these laws if she keeps the sexual images and does not distribute or threaten to distribute these images to Carla or anyone else.
Different states and territories also have different laws, so the same behaviour may be considered a criminal offence in different states and territories.
Penalties
For producing or possessing or procuring child abuse material, the penalty for adults can be up to ten years in jail. A person may be placed on the Register of Sex Offenders for breaking these laws.
Young people face shorter periods in detention:
a child aged 10–15 years could receive a maximum period of one year for a single offence or two years for multiple offences
a young person aged 15–21 years old could receive a maximum period of two years for a single offence or three years for multiple offences.
The Children’s Court will not usually give a young person the maximum penalties. See ‘Extra legal information’ on pages 29 to 30 for penalties in the Children’s Court.
Sexting – Commonwealth laws
There are various criminal offences under Commonwealth law.
These include offences such as using a postal service to:
possess, control, produce, supply or obtain child pornography material or child abuse material procure or groom a person under 16 years of age for sexual activity send indecent material to a person under 16 years of age.
They also include offences such as using a carriage service:
to menace, harass or cause offence for child pornography material to possess, control, produce, supply or obtain child abuse material for use through a carriage service for sexual activity with a person under 16 years of age to procure or groom persons under 16 years of age to transmit indecent communication to a person under 16 years of age.
Under Commonwealth laws, Mason may have committed the offence of using a carriage service for child pornography material by sending his sexual images to Kathy using his mobile phone. If Kathy forwards on
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Mason’s images to Carla, Kathy may also commit the offence of using a carriage service for child pornography material.
If Mason or Kathy were 18 or over, the police could charge them with more serious offences for sending the images, such as using a carriage service to procure or groom a person under 16 years of age or using a carriage service to transmit indecent communication to a person under 16 years of age.
Sexting – in the context of stalking laws
In Victoria, sexting could also be considered stalking.
Stalking another person means doing any of the following:
following a person contacting them by post, telephone, text message, email or other means publishing material about the person on the internet, by email or via another electronic communication publishing materials on the internet, by email, or via another electronic communication pretending that it
came from the person entering or waiting outside any place the person regularly goes to, such as their home or workplace threatening the person using abusive or offensive words performing abusive or offensive acts when the person is around giving offensive material to the person or leaving it where it will be found or given to the person keeping the person under surveillance acting in another way that could reasonably be expected to cause physical or mental harm to the person,
including self-harm acting in any other way to make that person fearful for their own safety or someone else’s safety.
Penalties
Stalking is a criminal offence. If Victoria Police suspect a person might be stalking another person and they have evidence of this, they may charge the person with a criminal offence.
The person being stalked can apply for a personal safety intervention order to stop the person from stalking. Sometimes the police can help with this. Mediation may also be an option, if it is safe for the person being stalked.
If Kathy asked Mason to stop sending her his pictures and he continued to send her more, this might be considered stalking.
Sexting – in the context of sexual harassment
Sexting could be considered sexual harassment in public places, such as school, work or a sporting club.
Sexual harassment is any unwanted conduct of a sexual nature by one person to another person. Sexual harassment can include telling stories about sexual things, talking about someone in a sexual way, touching someone in an intimate way and sharing sexual photos.
This can include:
unwelcome sexual advances unwelcome requests for sexual favours acts of physical intimacy making any remarks or statements with sexual connotations making gestures, actions or comments of a sexual nature.
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Sexual harassment is against the law in areas of public life such as at work, at school, while receiving goods, services or accommodation, or when negotiating with clubs or the local government.
In these situations, the person impacted by the sexual harassment can complain to the Victorian Human Rights and Equal Opportunity Commission or the Australian Human Rights Commission. The person impacted by the sexual harassment may get an apology and sometimes may also get money as compensation.
In this case, if there was sexual harassment going on, Kathy may be able to complain about Mason if they go to the same school. She could call Victoria Legal Aid for some advice about what to do and to ask for help making her complaint.
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Activity 2 – What was the problem here?About this activity
What was the problem here? What does the law say?
In this activity, you and your students can:
Read Kathy’s and Carla’s speech bubbles to see what they were thinking at three key moments in the film. Read what lawyer, Anoushka, says about the legal problems. Do a quiz at the end.
Interacting with this activityIn the module, you will click on the speech bubbles to move through the activity.
Discussion and answersWhat was the problem here?
Moment 1: Kathy has a sexy pic of Mason. She shows Carla.
KATHY: Mason likes me! Woohoo!
CARLA: Oh my God. Why is this guy sending these pics to Kathy? Why is Kathy showing me?
Moment 2: Kathy says she might take some pics of herself and send them to Mason.
KATHY: It’s no big deal. He sent me some pics so I might take some pics of myself and send them back to him. I won’t show too much, just my bra. That won’t be illegal right?
CARLA: Is she serious? Why is Kathy giving him attention? Mason will probably share Kathy’s pics with every other guy in school, and with his older cousins.
Moment 3: The end of the film. Kathy says she will send Mason’s pics to Carla.
KATHY: Why isn’t Carla happier for me? What’s she worried about? Is she right? Am I doing something stupid?
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CARLA: I just told Kathy that I don’t want to see Mason’s pics. And now she wants to send them to me? I don’t want that. And I don’t want Kathy to make pics for Mason. He’ll show everyone he knows.
Discussion questions
You might want to lead the discussion with these questions as the students move through these screens:
What were Kathy and Carla feeling? What tells us this? Why did Kathy and Carla feel this way? What might have made it hard for them to say out loud what they were thinking? Have you ever been in a situation where it was hard to know what you were feeling? Have you ever been in a situation where it was hard to say what you were feeling to someone else?
What does the law say?
ANOUSHKA: One big problem is that you never know who’s going to end up seeing your pics. They can be easily shared.
There could also be a legal problem here. Mason is probably about 16. And Kathy is 14. There are tough laws about asking for, making, keeping, accessing or sharing sexual pictures of young people who are under 18 or look under 18.
Under Victorian laws, Kathy can keep the sexual picture of Mason as long as they are both under 18, there are not more than two years age difference between them and the picture doesn’t show any laws being broken. Mason could also keep a pic of Kathy but the same rules apply.
Kathy cannot share sexual pictures of Mason with Carla or anyone else. If Kathy does this, she may get in trouble for ‘distributing an intimate image’.
Mason cannot share sexual pictures of Kathy with anyone else. If Mason does share the sexual pictures with an older cousin who is 18 years or older, then Mason could also get into trouble for ‘distributing an intimate image’, and his cousin would most certainly get in trouble for ‘possessing child pornography’.
There are also national laws and laws in other states or territories that tell you if and when you are able to ask for, make, keep or share sexual pictures of yourself or others.
These laws are meant to keep young people safe. It’s best that Kathy delete Mason's sexual pictures. Kathy should not make or send any sexual pictures to Mason. Kathy should not share any of Mason’s sexual pictures with Carla.
Discussion questions
You might want to lead the discussion with these questions:
Think back to the discussion we had on the law in the ‘What do these words mean?’ activity. What is the problem with sexting? Is Kathy or Mason breaking the law?
What sort of legal words did you hear the lawyer use? What do they mean? What sort of trouble could Kathy get into?
Legal answers
Refer back to pages 14 to 18 for legal answers about sexting.
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Time for a quiz
Who can get into trouble for a sharing a sexual picture of someone who is or looks under 18?
a) only the person in the picture
b) anyone who shares it
c) no-one.
The answer is b. If there is a sexual picture of someone who is under 18 years old then potentially anyone who shares it can get in trouble under Victorian laws.
Under national laws, if anyone uses their phone or the internet to access, transmit, publish or distribute a sexual picture or video of someone who is under 18 years old, they may be charged with a criminal offence.
Legal answers
Refer to pages 14 to 18 for legal answers about sexting.
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Activity 3 – What can Kathy do now?About this activity
What can Kathy do now? What could Kathy have done differently?
In this activity, you and your students can:
Listen to where Kathy went for help. Listen to what Kathy could have done differently. Read the names and numbers of places your students could go for help, if they were in trouble.
The activity covers a few options that Kathy chose to follow up for help. These are not the only options.
Interacting with this activityIn the module, you will click on the audio button to listen. Use the NEXT button to move through the activity.
Discussion and answersWhat can Kathy do now?
Delete the photos
KATHY: It feels a bit mean to delete the photos but I don’t want to get into any kind of trouble.
Ask Mason to stop
KATHY: I don’t know if Mason is just messing with me or if he really likes me. I’m going to ask him to stop. I really don’t want to get in trouble over some pictures. He can come talk to me at school if he really likes me.
Tell a teacher
KATHY: Okay. I deleted Mason’s pictures, I asked him to stop. He kept sending me pictures still. It’s super awkward. I spoke to one of the teachers about what to do. She talked with Mason to let him know that what he was doing made me feel worried. Thankfully Mason’s stopped messaging me.
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Discussion questions
You might want to lead the discussion with these questions:
Where did Kathy go for help? What feelings did Kathy have when she went to get help? What tells us this? What made it hard to reach out for help? What might make it easier to reach out for help? If you wanted to speak to a counsellor, would you speak to the counsellor at school? Why or why not? Before you call an organisation, what sort of questions could you write down to help you with the
phone call? Kathy says that Mason was still sending her pictures. Is Mason breaking the law?
Legal answers
For the last question, refer to the notes about sexting and child pornography laws on pages 14 to 18.
You may also want to have discussion and answers around:
Kathy deciding not to forward images to Carla Kathy getting advice from Carla Kathy talking to a parent or older sibling Kathy stopping making or sending sexy pictures in general.
What could Kathy have done differently?
KATHY: I could have asked Mason not to send me any pictures after he sent the first one. I didn’t know it might have been against the law.
Discussion questions
You might want to lead the discussion with these questions:
What does Kathy think that she could have done differently? Is it against the law for someone Kathy’s age to make, send or keep a sext?
Legal answers
Refer to the notes about sexting and child pornography laws on pages 14 to 18.
More about the approach to getting help in the activityYou will notice in the approach outlined in the activity that we do not suggest Kathy call Victoria Legal Aid, the police or any legal organisation as a first option. Although there could be serious legal consequences for Kathy and Mason, the prevailing advice from leading organisations is to try first to de-escalate the situation between the young people involved.
The Office of the eSafety Commissioner website is a useful resource. This provides advice on sexy selfies and what a young person can do if they have found that sexual images of them have been shared. This can sometimes be called ‘cyberbullying’. The commissioner can help to get an intimate image (sexy pic) taken down if it has been posted on a social media or other website. For more information, see the Office of the eSafety Commissioner (www.esafety.gov.au/) website.
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Other organisations that can help – legalVictoria Legal Aid
Legal Help is the entry point to all Victoria Legal Aid services. Legal Help provides free legal information, advice and referrals over the phone. If a young person calls Legal Help and has charges against them (that is, the police want to take them to court), they will be booked in to see a lawyer. Legal Help staff speak a wide range of languages.
Victoria Legal Aid can help people with legal problems about criminal matters, family breakdown, child protection, family violence, child support, immigration, social security, mental health, discrimination, guardianship and administration, tenancy and debt.
Victoria Legal Aid provides:
free legal information and referrals legal advice minor assistance to help people negotiate, write letters, draft documents or prepare to represent
themselves in court grants of legal aid to pay for legal representation by a lawyer in private practice or a Victoria Legal Aid
staff lawyer.
Tel: Legal Help on 1300 792 387
Website: Victoria Legal Aid (www.legalaid.vic.gov.au) for legal information and Legal Help live web chat
Federation of Community Legal Centres
This is the peak body for community legal centres in Victoria. The Federation can refer callers to the relevant community legal centre. They might ask where you live or study, and what the nature of your legal problem is, to work out which centre is most relevant.
Tel: (03) 9652 1500
Website: Federation of Community Legal Centres (www.fclc.org.au)
Villamanta Disability Rights Legal Service
A community legal centre for people with intellectual disabilities.
Tel: (03) 5229 3338
Website: Villamanta Disability Rights Legal Service (www.villamanta.org.au)
Youthlaw
A community legal centre for people aged under 25.
Tel: (03) 9611 2412
Website: Youthlaw (http://youthlaw.asn.au)
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Other organisations that can help – police interviewsOffice of the Public Advocate
Call for an Independent Third Person in police interviews for people with a cognitive disability. More information on page 30.
Tel: 1300 309 337 2or 1300 305 612 (TTY)
Youth Referral and Independent Persons Program (YRIPP)
Call for a support person in a police interview for people under 18. For more information, see ‘Independent Persons’ on page 30.
Tel: 1300 791 189
Website: Youth Referral and Independent Persons Program (www.cmy.net.au/yripp/parents)
Other organisations that can help – mediation and courtDispute Settlement Centre of Victoria
Free mediation between parties for matters where there is a dispute, and the parties are able and willing to participate in mediation to resolve the dispute. This option may be inappropriate if there has been violence.
Tel: 1300 658 372
Website: www.disputes.vic.gov.au
Other organisations that can help – complaints and harassment Australian Human Rights and Equal Opportunity Commission
More information on making a complaint to do with sexual harassment.
Website: Australian Human Rights and Equal Opportunity Commission (www.humanrights.gov.au/)
Victorian Equal Opportunity and Human Rights Commission
More information on making a complaint to do with sexual harassment.
Website: Victorian Equal Opportunity and Human Rights Commission (www.humanrightscommission.vic.gov.au/)
Other organisations that can help – counselling and support Kids Helpline
Free, confidential and anonymous 24-hour telephone and online counselling service for young people.
Tel: 1800 551 800 (free call)
Website: Kids Helpline (www.kidshelp.com.au)
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Lifeline
Free, confidential and anonymous 24-hour telephone counselling service for adults.
Tel: 131 114 (local call cost)
Website: Lifeline (www.lifeline.org.au)
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Extra legal informationYou may find this information useful in giving you a broader legal context.
Getting an intimate image posted online removedIf an intimate image (photo, video, animation, drawing or other depiction) is posted online without consent, the person shown in the image can ask the media service to take it down. For example, Facebook.
An intimate image is any image showing:
a person’s genital area (or breasts of person identifying as a woman) a person undressed a person showering or using the toilet a person taking part in a private sexual act a person without their cultural or religious clothing if this is usually worn in public.
If the media service does not take down the image, the person can complain to the e-Safety Commissioner. They can do this even if they do not know who posted the image. The e-Safety Commissioner can give the media service a removal notice. The media service has 48 hours to remove the image.
If media service does not do this, the e-Safety Commissioner can:
give a formal warning fine them apply to court for a civil penalty order (for example, to get money as compensation).
Adult pornographyAdult pornography shows people 18 and over in sexual acts.
The National Classification Scheme classifies adult content. Content means publications, computer games and films, and includes content on the internet. The classifications are:
‘RC’ Refused Classification. This is unlawful. It includes child pornography and bestiality. X18+ classification. This has real depictions of sexual activity and, for content hosted in Australia, it must
be restricted by an adult verification procedure. This means a person is asked to verify that they are 18 or older before viewing any of the content.
R18+ classification. This includes material containing ‘implied’ (or simulated) sexual activity and it is not considered suitable for viewing by anyone under 18.
Any person in the community can complain to the Australian Communications and Media Authority (ACMA) about inappropriate adult content. ACMA can ask the content provider to take down or stop access to the content. Sometimes ACMA will refer a complaint to the police. For example, where content depicts child sexual abuse.
Sometimes an adult may show a child adult pornography at home. This may be a criminal offence if the behaviour is about grooming a child.
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OffencesThe government makes a wide range of laws. Criminal laws try to stop individuals from doing things such as:
harming other people or putting other people in danger interfering with the wellbeing of others or with good public order damaging property or taking property that does not belong to them.
It is against the law to break these laws. You can get into serious trouble. It is not an excuse to say that you did not know you were breaking the law.
PoliceThe police have various powers. They can:
investigate alleged crimes search people and their property, in certain situations arrest people they believe have broken the law interview suspects and witnesses take statements from victims of crime charge people that they believe have broken the law go to court to give their version of events.
When a police officer has a reasonable belief that a young person has committed an offence and questions them, the young person must give their name and address. It is a criminal offence not to.
After giving their correct name and address, the young person has the right to remain silent and say ‘No comment’ to all questions. Anything they do say can be used as evidence.
Find out more information about young people and their rights with police officers. See:
Smart Justice (www.smartjustice.org.au/cb_pages/fact_sheets_sjfyp.php) Youthlaw fact sheets (http://youthlaw.asn.au/learn-about-the-law/)
VictimThis is the person the offence was committed against. Victims have the right to contact the police and report what happened to them. A victim may get compensation for the crime.
AccusedThis is the person the police think broke the law. This person is innocent until proven guilty. If Kathy or Mason knows they are in trouble with the police, they should individually get legal advice. They can call Victoria Legal Aid or the Federation of Community Legal Centres. See page 26 for contact details.
Interview and statementIf the police wanted to investigate either Mason or Kathy, the police can arrest Mason or Kathy and take them into police custody. Then the police will interview them separately.
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Mason and Kathy have rights. These include the right to:
be treated fairly by the police speak with a lawyer before being interviewed speak with a family member before being interviewed say ‘No comment’ or stay silent in their interview have a parent, guardian or Independent Person with them in their interview ask for bail.
Kathy and Mason must give their name and address, if asked.
PenaltiesThe magistrate can give penalties such as:
a fine a good behaviour bond an order for the young person to work on issues in their life with Youth Justice an order for the young person to go into youth detention (jail).
In the Children’s Court, the magistrate may not always give the maximum penalty of jail. The magistrate is more concerned about how the young person can get healthier or make better decisions in the future.
A magistrate can sentence a young person with conviction or without conviction. Getting a conviction generally means the offences were more serious. Sometimes employers or travel applications ask whether you have been convicted of an offence. If a young person got a sentence ‘without conviction’, they can answer ‘no’.
The magistrate could agree with the police that a young person does a diversion program instead. The young person will not get a criminal record.
Criminal recordA criminal record shows what the court decided. This includes:
the offence the finding of guilt a conviction, if there is one any other outcomes of the court case.
The court and the police can see a person’s criminal record. Sometimes the police can let other people know what is in a person’s criminal record.
A criminal record is not ‘wiped’ when a young person turns 18. It can impact on a young person’s future because:
The magistrate or judge may think about the previous matters that the young person was found guilty of if the young person goes back to the court for new charges. This could make the young person’s outcome worse.
Many young people need a National Police Check or a Working with Children Check to apply for work or certain types of study. Any criminal records from the Children’s Court stay on a National Police Check for five years. In some cases, the criminal record is on there for longer.
young people may have to say that they have a finding of guilt and/or a criminal conviction when they apply for a passport or travel to certain countries.
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Independent PersonWhen police interview anyone under 18, that young person must have a parent, guardian or an Independent Person with them. The Independent Person helps the young person understand their rights. The Independent Person does not decide things for the young person and cannot give legal advice.
If the police interview Kathy or Mason, an Independent Person must be with them during the interview.
Kathy and Mason can use Youth Referral and Independent Persons Program (YRIPP) to find an Independent Person. YRIPP can help them get advice from a lawyer through a 24-hour legal advice line. The police can also help them contact YRIPP. See contact details on page 25.
Independent Third PersonAn Independent Third Person must be present when the police interview a person with a cognitive disability. The Independent Third Person helps the person understand their rights. The Independent Third Person does not decide things for the person and cannot give legal advice.
The police must get an Independent Third Person to be with a person when the police:
interview the person either as a suspect, victim or witness do a strip search.
A person can also have an Independent Third Person when the police:
ask them for or take their fingerprints ask the person for a body sample or take one from them do a bail hearing at a police station with a bail justice.
The Office of the Public Advocate can help people find an Independent Third Person. See contact details on page 25.
How the legal system worksThe steps below may help put the previous sections into context. We do not expect that you would teach these steps but it may help your understanding of the system.
1. The offence occurs.
2. Police detect an offence and investigate it.
3. Police interview the young person.
4. Police decide whether to press charges.
5. The court sets the first court date (the ‘mention date’). Usually the lawyer asks to adjourn (put off) the matter. The lawyer needs time to get a copy of the evidence and get the young person’s version of events. At the first mention date, a young person can also ask for diversion. If the police and the magistrate agree, the young person does not do steps 68. Instead, they do a diversion program. If not, the young person comes back for a second mention.
6. At the second mention, the young person may be better able to tell the lawyer want they want (‘instructions’). The lawyer can talk with the young person and advise whether the police have a strong or weak case. However, if the young person instructs the lawyer to fight the charges or if there are issues with the evidence, the matter can be put off. Everyone comes back for a contest mention.
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7. At a contest mention, the lawyer and police talk more about the charges and any issues with the evidence. Two things usually happen:
- the young person accepts responsibility and pleads guilty
- the matter is put off for a contested hearing.
8. At a contested hearing, the police present the magistrate or judge with all evidence. This may include witnesses. For criminal matters, the magistrate or judge must believe beyond all reasonable doubt that the accused is guilty. If this happens, the magistrate or judge finds the young person guilty and sentences them. If this does not happen, the magistrate cancels the charges.
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Extra resourcesThese resources may support your teaching. Please note that these are not written for people with a mild intellectual disability. You may want to read them first before ordering copies for students.
Legal organisationsVictoria Legal Aid
Publications
Our publications are free. Delivery takes about three to five working days. Order online at Victoria Legal Aid publications and resources (www.legalaid.vic.gov.au/find-legal-answers/all-publications-and-resources)
Am I old enough?Booklet for young people about what the law will or will not let them do.
Police powersBooklet about police powers and Protective Services Officers.
Legal Help card A wallet-card-sized brochure about Victoria Legal Aid’s services. In English and 25 languages
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Resources for educators
Sex, young people and the lawThis is a kit for teachers and educators. It covers consent, age of consent, cyberbullying and sexting. It has teaching resources, videos and activities. Online only. See Sex, young people and the law (www.legalaid.vic.gov.au/sex-young-people-law). You can order wallet cards for each topic.
Website
Our website has information on sex and the law, going to court and police powers. See Victoria Legal Aid (www.legalaid.vic.gov.au)
Other legal organisationsAustralian Cybercrime Online Reporting Network (ACORN)
ACORN is a national policing initiative of the Commonwealth, State and Territory governments. It provides advice to the public to help recognise and avoid common types of cybercrime. ACORN also provides a national online system that allows the public to securely report instances of cybercrime (including cyberbullying). See Australian Cybercrime Online Reporting Network (www.acorn.gov.au/ )
Children’s Court publications and website
The Children’s Court has publications and information online, including a virtual court tour. See the Children’s Court (www.childrenscourt.vic.gov.au) website
The Law Handbook website
This is a comprehensive legal information website produced by Fitzroy Legal Service. See The Law Handbook (www.lawhandbook.org.au/contents/)
Youthlaw
Youthlaw has online fact sheets on a variety of topics. See Youthlaw fact sheets (http://youthlaw.asn.au/learn-about-the-law/)
Non-legal organisations Department of Education and Training
Resilience, Rights and Respectful Relationships (http://fuse.education.vic.gov.au/ResourcePackage/ByPin?pin=2JZX4R) Learning Materials
Building Respectful Relationships – stepping out against gender-based violence (http://fuse.education.vic.gov.au/ResourcePackage/ByPin?pin=H9WQYK) resource
Classrooms and cybersafety (www.education.vic.gov.au/about/programs/bullystoppers/Pages/teachclassroomcyber.aspx) resource
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Office of the Children’s eSafety commissioner
So You Got Naked Online (www.esafety.gov.au/esafety-information/esafety-issues/sexting/sexting-information-for-teachers) resource
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