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Peeping Tom in Banks

By 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.

What’s Your opinion?


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28 Responses to
Peeping Tom in Banks
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 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 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 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 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 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 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.

neanderthalsis 2:03 pm 20 Oct 11

Next time you’re applying spray tan, let us all know in advance, that way we can congregate at your back fence and deter any peeping tom.

johnboy 1:47 pm 20 Oct 11
pptvb 1:41 pm 20 Oct 11

buzz819 said :

pptvb said :

Why call the police?
This person has done nothing illegal….technically.
Weren’t they in a public place?
If you were visible from a public place, you could be arrested for exposure.
Silly, I know, but that’s the law.

Wow… I guess section 35 of the Crimes Act 1900 doesn’t mean anything then?

?????
35. Reckless grievous bodily harm or wounding
35A. Causing dog to inflict grievous bodily harm or actual bodily harm
??

Diggety 1:18 pm 20 Oct 11

Pics or it didn’t happen.

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

buzz819 1:17 pm 20 Oct 11

pptvb said :

Why call the police?
This person has done nothing illegal….technically.
Weren’t they in a public place?
If you were visible from a public place, you could be arrested for exposure.
Silly, I know, but that’s the law.

Wow… I guess section 35 of the Crimes Act 1900 doesn’t mean anything then?

CHW 1:06 pm 20 Oct 11

Erm… curtains, maybe?

(that sound was my eyeballs being rolled… sorry about that.)

DUB 12:58 pm 20 Oct 11

pptvb said :

Why call the police?
This person has done nothing illegal….technically.
Weren’t they in a public place?
If you were visible from a public place, you could be arrested for exposure.
Silly, I know, but that’s the law.

+1.
May I also add- the name of the area says it all too.In 5 years or so this will be fully fenced-off ghetto area.Nah, just kidding.In 10.:-)

pptvb 12:41 pm 20 Oct 11

Why call the police?
This person has done nothing illegal….technically.
Weren’t they in a public place?
If you were visible from a public place, you could be arrested for exposure.
Silly, I know, but that’s the law.

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