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28 October 2022, 5:46pm
Media Release

Ballarat man jailed over “depraved” child abuse material offences

A Victorian man has been sentenced to two years and six months’ imprisonment for child abuse material offences described as “depraved” by the Ballarat County Court.

The man pled guilty last week (20 October 2022) to five offences, following a Victorian Joint Anti-Child Exploitation Team (JACET) investigation into an online user uploading child abuse material to social media platforms.

Investigators from the Victorian JACET - comprising members from the AFP and Victoria Police - executed a search warrant at the man’s home on 21 October 2020 before seizing several electronic items, including two mobile phones and a desktop computer.

AFP Leading Senior Constable Christopher Spillane said the AFP and its state and territory law enforcement partners remained committed to protecting children.

"Anyone who views this material is committing a crime,’’ Leading Senior Constable Spillane said.

 “This is not a victimless crime. Children are not commodities to be used for the abhorrent gratification of sexual predators.”

The man was arrested and charged with;

  • Cause child abuse material to be transmitted to self, contrary to section 474.22(1)(a)(ii) of the Criminal Code Act 1995 (Cth);
  • Transmit child abuse material through a carriage service, contrary to section 474.22(1)(a)(i)(iii) of the Criminal Code Act 1995 (Cth);
  • Solicit child abuse material through a carriage service, contrary to section 474.22(1)(a)(i)(iv) of the Criminal Code Act 1995 (Cth);
  • Using a carriage service to access child abuse material, contrary to section 474.22(1)(a)(i) of the Criminal Code Act 1995 (Cth) and;
  • Possessing or controlling child abuse material obtained or accessed using a carriage service, contrary to section 474.22A of the Criminal Code 1995 (Cth). 

The 24-year-old was today (28 October 2022) sentenced to two years and six months’ imprisonment.

Note to media:

Use of term ‘CHILD ABUSE’ MATERIAL NOT ‘CHILD PORNOGRAPHY’

The correct legal term is Child Abuse Material – the move to this wording was among amendments to Commonwealth legislation in 2019 to more accurately reflect the gravity of the crimes and the harm inflicted on victims.

Use of the phrase "child pornography" is inaccurate and benefits child sex abusers because it:

  • indicates legitimacy and compliance on the part of the victim and therefore legality on the part of the abuser; and
  • conjures images of children posing in 'provocative' positions, rather than suffering horrific abuse.

Every photograph or video captures an actual situation where a child has been abused.

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