Victims Shouldn't Have to Wait Until a Criminal Case Is Over

I am calling for Australian laws to be changed so that when police seize or examine a phone or other electronic device during an investigation into image-based abuse, they have the legal power to permanently delete a victim's nude, sexual or intimate images from that device once police have forensically collected, copied and securely preserved everything required as evidence.

Police should not have to wait until the investigation, court proceedings or criminal case is completely finished before protecting the victim in this way.

The evidence itself would NOT be destroyed.

Police would retain a secure forensic copy for the investigation and any future court proceedings. What would be deleted is the copy remaining on the alleged offender's phone, computer, tablet or other device.

What I Am Asking to Change

I am asking Australian governments to introduce laws that:

• Give police the legal authority, during an active investigation, to permanently delete a victim's intimate images from an alleged offender's device once a forensic copy has been collected and securely preserved as evidence.

• Ensure that deleting the images from the device does not interfere with the investigation or prosecution because police retain the necessary forensic evidence.

• Allow this power to apply to nude, sexual and other intimate images that have allegedly been possessed, shared, threatened to be shared, or used for blackmail, coercion, intimidation or abuse without the victim's consent.

• Provide appropriate safeguards so police can document exactly what was deleted and preserve the original digital evidence, including relevant metadata, for court.

• Give victims the ability to request that police remove their intimate images from an alleged offender's device once the evidence has been secured.

• Where police cannot immediately delete an image for legal or forensic reasons, require the victim to be informed about the process and when deletion may legally occur.

Why This Matters

For a victim of image-based abuse, knowing that an alleged offender still has an intimate image of them on their phone can cause continuing fear and distress.

An investigation can take months or even years.

A victim should not have to spend that entire time knowing their intimate images remain on the alleged offender's device when police have already obtained and securely preserved the evidence they need.

This is especially important when intimate images have allegedly been used to threaten, blackmail, control, intimidate or humiliate someone.

I understand why police must preserve evidence. This petition is not asking police to destroy evidence.

It is asking for police to have the legal power to preserve the evidence themselves and then permanently delete the victim's intimate images from the alleged offender's device while the investigation is still underway.

The law should balance the requirements of a fair criminal investigation with the privacy, dignity and safety of victims.

Once police have securely collected the evidence, the victim should not have to wait until the entire criminal case is over before their intimate images can be removed from the alleged offender's device.

Please sign and share this petition if you believe victims of image-based abuse deserve stronger protection under Australian law.