Legal issues
The prosecution must identify the precise subsection alleged. For section 67, whether the complainant was doing a “private act”, the purpose of sexual gratification and knowledge of non-consent can be central. For section 67A, the specific physical conduct, purpose and consent requirements differ.
Evidence that matters
Evidence can include phones or cameras, image/video files, metadata, deleted-file recovery, CCTV, device ownership and access, witness accounts, platform or cloud records and forensic examination.
Reasonable lines of enquiry
Reasonable enquiries may include forensic review of the device, file creation and deletion history, user attribution, CCTV showing handling of the device, whether a recording was actually made and contextual evidence about purpose or consent.
What happens next
Investigations commonly involve seizure and forensic examination of devices. Offences under sections 67 and 67A are generally either way and can carry notification consequences depending on the offence and sentence.
Immediate steps
Do not delete files or reset devices. Preserve cloud backups, account history and complete communications. Record who had access to the device and where it was used.
What should you send us?
Send the allegation/charge, police papers, next date, device details, CCTV or image evidence, account/cloud information and chronology.