Mangerton Man Claims Autism Hindered Understanding of Voyeurism Crimes
A Mangerton resident who filmed a naked woman through a bathroom window on multiple occasions has argued in court that his autism spectrum disorder prevented him from understanding the wrongfulness of his actions. The case, heard at Wollongong Local Court, involved 21-year-old Braxton Thompson, who pleaded guilty to three charges of intentionally recording an intimate image without consent.
Defence Cites Autism as Contributing Factor
Defence lawyer Analise Ritchie presented evidence from a psychologist indicating that Thompson's autism directly contributed to the offending. The court heard that deficits in empathy likely impeded his ability to comprehend the impact on the victim. Since the incidents, Thompson has received formal diagnoses for autism and attention deficit hyperactivity disorder (ADHD) and has begun treatment for the first time.
Ms Ritchie further outlined Thompson's efforts at rehabilitation, including:
- Applying to the National Disability Insurance Scheme (NDIS)
- Enrolling in university studies, though currently deferred
- Working three jobs simultaneously
- Addressing serious health issues
- Being a victim of a separate reckless wounding offence
Prosecution Questions Compliance and Highlights Prior Record
Police prosecutor Sergeant Zane Barron challenged the defence's position, questioning what evidence demonstrated Thompson's compliance with treatment. Sergeant Barron also noted that Thompson had a background involving sexual acts on his record, adding complexity to the case.
Magistrate Expresses Scepticism and Imposes Sentence
Magistrate David Williams acknowledged that autism can affect understanding of social cues and obligations but expressed deep scepticism about Thompson's claim of ignorance regarding the wrongfulness of his actions. The magistrate described Thompson as an intelligent and capable individual and emphasized that filming through a window represented a serious example of the offence, particularly when repeated on three separate occasions.
Magistrate Williams ultimately sentenced Thompson to a nine-month community correction order, requiring him to engage with psychological support. The decision reflects the court's balancing of the defendant's mental health considerations with the seriousness of the privacy violation against the victim, who was unaware of the recordings and had not consented to being filmed.
