We discussed the new restrictions that the Government have put in place in relation to Covid-19 here. It is quite understandable that many people are feeling stressed and anxious due to the new measures in place. Many are unemployed and plenty forced to work from home. Party-goers have been silenced, sporting tournaments cancelled and the popular family day out at the Easter show will not happen this year.
Even a romantic date night at the movies is no longer possible now. Alternatively, ask that lucky person out (or in) and have a webcam date. But while you are experiencing the butterflies of new – found love, make sure the person you are interested in really wants your attention. One unlucky fellow locked in the lockdown had the following exchange with his roommate that he fancied.
THE EXCHANGE
This conversation below was shared on a popular social media platform.
Craig* and Anna* are strictly roommates and are not in a relationship. New Covid-19 restrictions such as here, are in place including work from home rules and these messages are exchanged:
Craig: Hey Anna can I talk to you about something?
Anna: yeah whats up?
Craig: So I came home earlier today and I heard you.
Anna: What do you mean heard me?
Craig: It sounded like you were having private time and I couldn’t help but overhear.
Anna: oh no… Im so sorry. I didn’t think anyone was home and you work nights. I didn’t realise.
Craig: Its cool no big deal. I work from home now due to the coronavirus.
Anna: Okay good to know.
Craig: So since you’re at home after work and I’m at home all the time now, we both can’t go anywhere right now why do you pick a toy over me
Anna: Umm are you implying that I should have sex with you just because we are both home and you heard me earlier? Because if you are, you’re out of you’re damn mind.
Craig: It’s a rational solution. You wouldn’t need to use toys anymore.
Anna: I would rather bang a cactus.
Craig: Stupid bitch, this conversation isn’t over.
Anna: I think it is. I will be staying elsewhere and I’m sending this convo to the Landlord.
Craig: Whoa, that’s a bit of an overreaction. We had a disagreement. Why are you involving other people? There is no need to do that.
Craig: You need to calm down.
Craig: Just forget I said anything.
Craig: please just forget it. No need to do anything drastic.
The conversation ends there.
For some, staying home and working indoors is the gift that keeps on giving. But for others like Anna, this is not a comfortable position.
IS WHAT CRAIG DID CONSIDERED CRIMINAL?
From a legal perspective, the crime that most people think of from this scenario is Voyeurism.
Voyeurism is a criminal offence found in Section 91J of the Crimes Act 1900 (NSW) where:
(1) A person who, for the purpose of obtaining sexual arousal or sexual gratification, observes a person who is engaged in a private act–
(a) without the consent of the person being observed to being observed for that purpose, and
(b) knowing that the person being observed does not consent to being observed for that purpose,
is guilty of an offence.
The maximum penalty is 2 years imprisonment and/or an $11,000.00 fine.
It is important to note that the definition of ‘observes’ is not defined in the legislation. The ordinary meaning of the word observe implies that a person physically watching someone in the act rather than listening. Furthermore, it is unknown whether Craig was listening for the purpose of sexual arousal or sexual gratification. The legislation specifies that unless the action is for the purpose of sexual arousal or sexual gratification, it is not a crime.
WHAT CAN ANNA DO?
There is a better chance that Anna can obtain an Apprehended Personal Violence Order (‘APVO’) against Craig. This is an order that protects the victim, in this case, Anna, from Craig. Anna does not necessarily have to move out to avoid Craig. An APVO can effectively order Craig out of the home and live elsewhere. Read more about APVOs here.
If you are in a position like Anna, contact National Criminal Lawyers® as soon as possible. We are experts in obtaining APVOs where Police are unable or are unwilling to help you.
*Please note Craig and Anna are fictional names used for this example. The shared conversation can be found here.