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Detective Senior Sergeant Rob Ridley, of the sexual crimes squad, said the surge in sexting had prompted Victoria Police's online child exploitation team to devise guidelines to help divisional police respond to the phenomenon. The manual should be available by the end of the year. A common scenario occurs when teenagers who send naked pictures to each other while in a relationship then break up, and one party forwards the photos to other people.
Under Victorian child pornography laws, it is a crime for anyone to transmit or possess naked pictures of a person aged under But recent incidents show that while police have the power to charge or caution those under 18 who transmit sexts of themselves or of their peers, they do not respond consistently. In one case, a boy and a girl, both 17, from the eastern suburbs made a sex tape and sent it to their friends. Both were charged under child pornography laws, and then given formal police cautions.
In another case, police questioned a year-old girl who sent naked pictures of herself to her year-old boyfriend, but did not charge or caution them.
Few cases have gone to the Children's Court, indicating schools and police are dealing with sexting themselves. But schools are struggling to cope with the rise in sexting and, with no guidelines, are dealing with it on an ad hoc basis.
Teachers from a range of Melbourne government and private secondary schools have told they know of cases in which naked or topless photographs of students have been shared throughout a year level or the entire school.
Steven Troeth, a partner at law firm Gaden's who acts for several of Melbourne's biggest private schools, said principals were unsure of their obligations and schools needed strong social media policies.
Jordana Cohen, a lawyer at the Youthlaw community legal centre, said that when a sext went viral there was confusion as to whether charges should be laid under anti-bullying or sex offence laws and that police were reluctant to investigate Facebook-related crimes.
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