A Brazilian tourist accused of secretly recording sex with his Sydney boyfriend and posting it online without consent, has now requested the court to change his plea to ‘not guilty’.

Fabricio Da Silva Claudino, a former Emirates flight attendant, had previously pled guilty to filming and distributing intimate images of the alleged victim on OnlyFans for moneyOnlyFans is a subscription-based social media platform where users can sell/purchase pornographic content. Da Silva Claudino has now claimed that the boyfriend had given him consent to upload the videos. 

Da Silva Claudino recently faced the Central Local Court viavideo link from Villawood Detention Centre in Western Sydney.  Da Silva Claudino said that he wants to return to Brazil because of his mother, who is battling cancer.

I’m innocent of the charges and I can prove [that I am innocent]. Unfortunately, I was/am facing difficulties back home and [I] decided to plea guilty then, so I could get the case done and be home for my mother,” Da Silva Claudino wrote in his email to Star Observer giving updates about his court appearance.

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 First arrested in September 2019, Da Silva Claudino was subsequently granted bail, only to be returned to jail for breaching his bail conditions. He was charged with obscene behaviour and indecent exposure. On June 11, 2020, Burwood Court heard that Da Silva Claudino pled guilty to 11 charges of taking and distributing videos without consent, as first reported by ABC News. He was also charged with masturbating on his balcony, opposite Cleveland High school, which was closed for renovation.

“[The evidence] mentioned that the school mentioned previously by the media was closed for the last four years,” said Da Silva Claudino, whose next court appearance is on February 9, 2021.

Da Silva Claudino had pleaded guilty to the charges in June, but has now claimed that he did so as he felt pleading not guilty could delay the hearing of the case. A guilty plea would help him go back sooner to Brazil to care for his mother, the media reported

Revenge porn refers to the act of recording and distributing intimate images of a person without consent. According to the Crimes Act 1900, ‘revenge porn’ is a criminal offence which is punishable by up to three years imprisonment and an $11,000 fine. Failure by the offender in taking reasonable steps to recover, delete, or destroy the images taken and/or distributed can result in an additional  two year jail sentence and a $5500 fine.

The magistrate will determine whether to reverse the plea submitted by Da Silva Claudino or not at the hearing, which will be held in 2021.

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