Call for mandatory jail time for people who secretly film sexual acts
Mildura man Jarrod Aiello, 24, pleaded guilty in Mildura Magistrates' Court last week to producing an image of the intimate moment without the woman's consent.
The court heard Aiello hid a camera in his wardrobe to record a woman during sex without her knowledge or consent.
A charge of distributing the sex tape was withdrawn by police last week.
Aiello's lawyer told the court Aiello blamed his friends for sharing the video after they allegedly accessed his phone, and denied doing it himself.
The court heard the woman had suffered immense personal distress after the video was shared widely in her community.
Sexual Assault Services Victoria chair Kate Wright said there should be harsher penalties for those convicted of image-based sexual abuse.
"$5,000 is really not a significant amount of money," she said.
Ms Wright called on police to find and charge those responsible for sharing the video.
Ms Wright is also leading the call for image-based sexual abuse crimes to carry a mandatory jail term.
Detective Inspector David Rowe, from Mildura police, told the ABC that detectives had searched Aiello's phone, and needed more information.
"Police have reviewed all the available evidence regarding the distribution of the video in question, including interrogating the accused's mobile telephone," Inspector Rowe said.
"At this time, police will not be continuing to investigate the matter unless further information becomes available."
He said anyone with information about who shared the video should call Crime Stoppers.
The court heard Aiello was a part of the Irymple Football Club and had been an active player until this year.
The victim told the court the video had been sent through football club chats.
The charge of producing a sex tape carries a maximum penalty of three years' jail, while distributing an intimate image without consent attracts a maximum two years' jail.
But the police prosecutor told the Mildura Magistrates Court there was confusion over what an appropriate sentence was.
Mallee Sexual Assault Unit and Domestic Violence Services chief executive Leigh Rhode praised the victim and police for pursuing the case.
"The fine or the sentencing itself isn't the only deterrent for him [Aiello]," Ms Rhode said.
"The fact that he has a conviction … now is significant.
Attorney-General Sonya Kilkenny backed Victoria's laws criminalising sexual violence, saying the state was one of the first in Australia to criminalise image-based sexual abuse.
"We know image-based sexual abuse can cause deep and lasting harm and is a serious breach of privacy, trust and safety," she said.
"These changes included a new court power to order the disposal of an intimate image — to stop perpetrators from re-offending using the same material."
Mildura-based lawyer and former State MP Ali Cupper also called on police to prosecute those who shared the video.
"I do believe that video was circulating among some of those footy circles in Mildura and Robinvale.
"So, it certainly concerns me about the nexus between the treatment of women, the sense of entitlement to treat women like this and local footy or sporting culture."
Anti-violence survivor Kim O'Reilly founded It's Never OK, which accredits clubs with taking part in a domestic violence prevention and management program.
She said many women had expressed their disappointment in the $5,000 fine given to Aiello.
The Irymple Football Club has been contacted for comment.
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