Hobart man avoids jail over federal laws targeting revenge porn

A Hobart man who used Facebook messenger to send naked photos of his wife has been sentenced under relatively new federal laws designed to target revenge porn and image-based abuse.

A Hobart man has been sentenced after he used Facebook messenger to distribute naked pictures of his wife.

A Hobart man who used Facebook messenger to send naked photos of his wife has been sentenced under relatively new federal laws designed to target revenge porn and image-based abuse.

The man, who is in his 40s, pleaded guilty to three counts of an aggravated Commonwealth offence – using a carriage service to menace, harass or cause offence by distributing private, sexual material.

While sentencing this week, Supreme Court judge Helen Wood said the man had taken naked photos of his wife in the shower, without her permission.

When his wife realised what was happening, she asked him to stop and the man replied the pictures were for only himself.

But the man sent them to two people on Facebook messenger – once in 2020 while the couple was still together, and again in 2022 after they had broken up.

One of the recipients contacted the man’s ex-wife and told her what had happened, with the woman ultimately reporting the matter to police.

Justice Wood said the man’s behaviour involved a significant breach of trust.

“In respect to the photographs the complainant knew about, you told her the photographs were only for you,” she said.

Supreme Court of Tasmania, Hobart. Picture: Chris Kidd

“You breached the trust inherent in any marriage when you forwarded the photographs to others.”

The judge said the woman felt ashamed, embarrassed and humiliated – troubled over how many people may have seen the photos.

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“She is constantly anxious and in a state of hypervigilance,” Justice Wood said.

“Her ability to go about her life as normal has been impacted by a deep sense of vulnerability. “She constantly worries she will be recorded if out in public and that she has no control over what may occur with any such recording.”

The crimes the man has pleaded guilty to were introduced in 2018 but have been rarely prosecuted in Tasmania.

Justice Wood noted the penalties for crimes of this nature were increased in 2021 given their seriousness, increasing prevalence, and the “enormous harm” that can result.

“Although you sent the images to two specific people via a messenger chat as opposed to placing them onto a more public domain … once you sent the messages you had no control over what the recipient may do with them,” she said.

The man was sentenced to a nine-month home detention order.