Peeping Tom in Banks

MissClearwater 20 October 2011 28

On the 19th of October 2011 at around 10:30pm, I was in my back room putting on fake tan. I didn’t have any clothes on.

Looked up and saw my loungeroom light reflected on a shiny metal camcorder that was being held up over the back fence.

I quietly told my BF who went running and yelling “what the f*** do you think your doing!” at the person.

They ran away and neither of us got a good look at even whether it was a guy or a girl. The person was standing in the drainage reserve (trees, grass, bikepath) between Paperbark St and Wiburd St in Banks but my back fence is really high so I am not sure how he knew to look over it.

Please keep your eyes out and your back doors locked and if this happens to anyone else, ring your local police station as soon as you can!


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28 Responses to Peeping Tom in Banks
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pptvb pptvb 6:35 am 21 Oct 11

buzz819 said :

pptvb said :

MissClearwater said :

Not that it matters, filming someone without their consent on their private property is completely illegal,.

Wrong

So the Police wrongly charged two ADFA cadets this year?

I think you will find that it would be classed as an Act of indecency without consent.

Read it again.

flynnite flynnite 8:56 pm 20 Oct 11

I have had a camera with a flash outside the window I was sitting near reading by a lamp.. The person was taking pictures of the inside of the house at night aprox 10pm…it was such a weird thing. As the flash went off multiple times. My doors were locked and I wasn’t going to go and check it out.

Peeping tom.. or someone got a new camera… or a new way to case a house….who knows

screaming banshee screaming banshee 8:44 pm 20 Oct 11

This could be of some help.

Henry82 Henry82 8:40 pm 20 Oct 11

It looks like people who commit such a crime are charged with “making observations or recordings in breach of privacy” (according to google anyway)

Classified Classified 8:32 pm 20 Oct 11

mareva said :

Classified said :

Stevian said :

A suggestion. Is it all likley that someone may have hired a private investigator against you for any reason. The scenario you describe makes it unlikley that it was specifically to catch you in flagrate delecto, more likely just generally scoping around for any suspect activity.

I know of a number of people who routinely hire private investigators to film people naked and/or having sex, so they can put the footage up on the internet.

I have never heard of this happening but I don’t doubt you. On question – How do you know so many of these people?

OP I’m sorry this happened to you. But if I were you I would remove the street names from your original post because you may have inadvertently revealed your address.

Classified said :

Stevian said :

A suggestion. Is it all likley that someone may have hired a private investigator against you for any reason. The scenario you describe makes it unlikley that it was specifically to catch you in flagrate delecto, more likely just generally scoping around for any suspect activity.

I know of a number of people who routinely hire private investigators to film people naked and/or having sex, so they can put the footage up on the internet.

I have never heard of this happening but I don’t doubt you. On question – How do you know so many of these people?

Just awesome I guess…

farq farq 7:36 pm 20 Oct 11

Are either yourself or your boyfriend receiving benefits from Centrelink?

If you are, and you are living de facto without telling Centrelink it may be a private investigator trying to catch you out.

buzz819 buzz819 6:43 pm 20 Oct 11

pptvb said :

MissClearwater said :

Not that it matters, filming someone without their consent on their private property is completely illegal,.

Wrong

So the Police wrongly charged two ADFA cadets this year?

I think you will find that it would be classed as an Act of indecency without consent.

breda breda 6:37 pm 20 Oct 11

Someone was filming over a 6.5 foot fence? Was he wearing stilts? You don’t mention finding anything he might have been standing on. If he couldn’t see over the fence, how could he know that there was anything there to film?

Perhaps you should run your eye over the recent list of arts grant recipients, Or look for a 7 foot pervert. Shouldn’t be hard to find.

mareva mareva 6:36 pm 20 Oct 11

Classified said :

Stevian said :

A suggestion. Is it all likley that someone may have hired a private investigator against you for any reason. The scenario you describe makes it unlikley that it was specifically to catch you in flagrate delecto, more likely just generally scoping around for any suspect activity.

I know of a number of people who routinely hire private investigators to film people naked and/or having sex, so they can put the footage up on the internet.

I have never heard of this happening but I don’t doubt you. On question – How do you know so many of these people?

OP I’m sorry this happened to you. But if I were you I would remove the street names from your original post because you may have inadvertently revealed your address.

pptvb pptvb 4:57 pm 20 Oct 11

MissClearwater said :

Not that it matters, filming someone without their consent on their private property is completely illegal,.

Wrong

Waiting For Godot Waiting For Godot 4:20 pm 20 Oct 11

Reminds me of a cartoon strip in MAD Magazine:

Woman: That man is taking a shower with the window open!
Cop: But that house is two blocks away. I can hardly see him
Woman: That’s because you’re not using these binoculars!

MissClearwater MissClearwater 4:05 pm 20 Oct 11

PBO said :

One way to tell if it was a PI or peeping tom is to go onto the other side of the fence and look about 2 1/2 feet above the ground at the fence. If there is a white mark on the fence then it is a peeping tom. Problem solved.

Haha. Just went and checked… nothing there!
But he was interrupted by a large and scary looking bf. Running back up the hill with a boner can’t have been too pleasant. 😛

Diggety said :

Pics or it didn’t happen.

Actually, never mind. I’ll just keep checking redtube.com \m/

I doubt its redtube-worthy. I’m just a regular chick, not a glamour model.

PBO PBO 3:59 pm 20 Oct 11

One way to tell if it was a PI or peeping tom is to go onto the other side of the fence and look about 2 1/2 feet above the ground at the fence. If there is a white mark on the fence then it is a peeping tom. Problem solved.

MissClearwater MissClearwater 3:56 pm 20 Oct 11

Not that it matters, filming someone without their consent on their private property is completely illegal, but he was also tresspassing as the area behind the fence is within my block’s boundary. And I was not visible from a public space at all. I was in my living room and screened off my my 6.5ft high back fence. Somehow this guy randomly had a video camera and randomly knew to point it over my back fence. I am guessing this isn’t the only time he’s done this but this is the first time I’ve noticed. Please keep your eyes out, folks. I am probably not the only target in the area.

p1 p1 3:24 pm 20 Oct 11

My money is on a male neighbour aged 13-16.

Re the legal stuff, I think I remember reading somewhere that Australia’s somewhat free rules concerning the filming from public places, does have some specific clauses added when it comes to situations where you have a good expectation of privacy. Like when you are in a room at night, and a person would have to reach over a fence to point a camera at you…. I think there was also a proposal to bring in a rule about secretly filming in a manner which specifically targets someones naughty bits (to make upskirting illegal).

steveu steveu 3:09 pm 20 Oct 11

Stevian said :

A suggestion. Is it all likley that someone may have hired a private investigator against you for any reason. The scenario you describe makes it unlikley that it was specifically to catch you in flagrate delecto, more likely just generally scoping around for any suspect activity.

This is a good point. if the fence was that high it seems like it is highly unlikely that someone was walking by, noticed you over the fence, had a camcorder with them, right at the time that you were putting on the tan etc. 1030pm at night is an odd time to be going for a casual walk as well.

Sorry this happened to you though.

Classified Classified 2:59 pm 20 Oct 11

Stevian said :

A suggestion. Is it all likley that someone may have hired a private investigator against you for any reason. The scenario you describe makes it unlikley that it was specifically to catch you in flagrate delecto, more likely just generally scoping around for any suspect activity.

I know of a number of people who routinely hire private investigators to film people naked and/or having sex, so they can put the footage up on the internet.

Stevian Stevian 2:45 pm 20 Oct 11

A suggestion. Is it all likley that someone may have hired a private investigator against you for any reason. The scenario you describe makes it unlikley that it was specifically to catch you in flagrate delecto, more likely just generally scoping around for any suspect activity.

pptvb pptvb 2:35 pm 20 Oct 11

buzz819 said :

http://www.legislation.act.gov.au/a/1900-40/current/pdf/1900-40.pdf

35 Stalking
(1) A person must not stalk someone with intent—
(a) to cause apprehension, or fear of harm, in the person stalked or
someone else; or
(b) to cause harm to the person stalked or someone else; or
(c) to harass the person stalked.
Maximum penalty:
(a) imprisonment for 5 years if—
(i) the offence involved a contravention of an injunction or
other order made by a court; or
(ii) the offender was in possession of an offensive weapon; or
(b) imprisonment for 2 years in any other case.
(2) For this section, a person stalks someone else (the stalked person)
if, on at least 2 occasions, the person does 1 or more of the
following:
(a) follows or approaches the stalked person;
(b) loiters near, watches, approaches or enters a place where the
stalked person resides, works or visits;
(c) keeps the stalked person under surveillance;
(d) interferes with property in the possession of the stalked person;
(e) gives or sends offensive material to the stalked person or
leaves offensive material where it is likely to be found by,
given to or brought to the attention of, the stalked person;
(f) telephones, sends electronic messages to or otherwise contacts
the stalked person;
(g) sends electronic messages about the stalked person to anybody
else;
(h) makes electronic messages about the stalked person available
to anybody else;
(i) acts covertly in a way that could reasonably be expected to
arouse apprehension or fear in the stalked person;
(j) engages in conduct amounting to intimidation, harassment or
molestation of the stalked person.
(3) However, this section does not apply to reasonable conduct engaged
in by a person as part of the person’s employment if it is a function
of the person’s employment to engage in the conduct and the
conduct is not otherwise unlawful.
(4) Without limiting subsection (1), a person is also taken to have the
intent mentioned in the subsection if the person knows that, or is
reckless about whether, stalking the other person would be likely—
(a) to cause apprehension or fear of harm in the person stalked or
someone else; or
(b) to harass the person stalked.
(5) In a prosecution for an offence against subsection (1), it is not
necessary to prove that the person stalked or someone else
apprehended or feared harm or that the person stalked was harassed.
(6) For this section:
harm means physical harm, harm to mental health, or disease,
whether permanent or temporary.
harm to mental health includes psychological harm.
physical harm includes unconsciousness, pain, disfigurement and
physical contact that might reasonably be objected to in the
circumstances, whether or not there was an awareness of the contact
at the time.

If he has been caught this time, he has done it before and will continue to do it.

Hmmm…Funny thing stalking.
I can follow you down the road, filming you on my phone, and it is legal. If i do it 8 days in a row, then it is stalking.
If this person has filmed the lady before and she was totally unaware, thus no mental anguish , is it stalking under the above act?

This person may have done it before, but probably shat themselves after the other night!!

buzz819 buzz819 2:10 pm 20 Oct 11

http://www.legislation.act.gov.au/a/1900-40/current/pdf/1900-40.pdf

35 Stalking
(1) A person must not stalk someone with intent—
(a) to cause apprehension, or fear of harm, in the person stalked or
someone else; or
(b) to cause harm to the person stalked or someone else; or
(c) to harass the person stalked.
Maximum penalty:
(a) imprisonment for 5 years if—
(i) the offence involved a contravention of an injunction or
other order made by a court; or
(ii) the offender was in possession of an offensive weapon; or
(b) imprisonment for 2 years in any other case.
(2) For this section, a person stalks someone else (the stalked person)
if, on at least 2 occasions, the person does 1 or more of the
following:
(a) follows or approaches the stalked person;
(b) loiters near, watches, approaches or enters a place where the
stalked person resides, works or visits;
(c) keeps the stalked person under surveillance;
(d) interferes with property in the possession of the stalked person;
(e) gives or sends offensive material to the stalked person or
leaves offensive material where it is likely to be found by,
given to or brought to the attention of, the stalked person;
(f) telephones, sends electronic messages to or otherwise contacts
the stalked person;
(g) sends electronic messages about the stalked person to anybody
else;
(h) makes electronic messages about the stalked person available
to anybody else;
(i) acts covertly in a way that could reasonably be expected to
arouse apprehension or fear in the stalked person;
(j) engages in conduct amounting to intimidation, harassment or
molestation of the stalked person.
(3) However, this section does not apply to reasonable conduct engaged
in by a person as part of the person’s employment if it is a function
of the person’s employment to engage in the conduct and the
conduct is not otherwise unlawful.
(4) Without limiting subsection (1), a person is also taken to have the
intent mentioned in the subsection if the person knows that, or is
reckless about whether, stalking the other person would be likely—
(a) to cause apprehension or fear of harm in the person stalked or
someone else; or
(b) to harass the person stalked.
(5) In a prosecution for an offence against subsection (1), it is not
necessary to prove that the person stalked or someone else
apprehended or feared harm or that the person stalked was harassed.
(6) For this section:
harm means physical harm, harm to mental health, or disease,
whether permanent or temporary.
harm to mental health includes psychological harm.
physical harm includes unconsciousness, pain, disfigurement and
physical contact that might reasonably be objected to in the
circumstances, whether or not there was an awareness of the contact
at the time.

If he has been caught this time, he has done it before and will continue to do it.

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