Brazilian tourist tells court he had consent to upload sex videos to amateur porn site

A Brazilian tourist accused of illegally filming himself having sex with his boyfriend claims consent was given to upload the videos to an amateur porn site, a court has heard.

• Fabricio Claudino da Silva originally pleaded guilty
• He gave evidence via a video link from Villawood Detention Centre
• Mr Claudino da Silva says he wants to return to Brazil because his mother is sick

Fabricio Claudino da Silva, 32, has requested to change his plea to not guilty when he faced Central Local Court via video link from Villawood Detention Centre in Western Sydney today.

The former flight attendant is facing a string of ‘revenge porn’ offences after uploading the sexually explicit material to an OnlyFans site.

“I admit that I did film intimate images of [the alleged victim] and did distribute the intimate images, but I did so with [his] consent,” he said.

Mr Claudino da Silva was first arrested in September 2019 but was thrown back in jail five months later for breaching his bail conditions.

Only then did police seize WhatsApp messages from the alleged victim’s mobile phone, according to court documents.

He was subsequently charged over alleged videos of himself masturbating on his balcony, opposite a school closed for renovations.

Mr Claudino da Silva pleaded guilty to all offences in June, but claims he acted under “extreme duress” following legal advice given by solicitor Brett Galloway.

Fabricio Claudino da Silva pictured at Villawood Detention Centre.(Supplied)

“He said, ‘If you continue to plead not guilty your case will be adjourned to December 2020 or maybe longer to set a new hearing date because of the COVID-19 pandemic’,” Mr Claudino da Silva said.

According to court documents, the Brazilian felt a guilty plea would help him to return home as soon as possible to care for his mother, who is battling cancer.

“I said, ‘I am the only financial support she has had since I was 18 — she is my priority at the moment,’” he said.

“If this is the only way out of the situation, I agree to plead guilty.”

After hiring new legal representation in August, Mr Claudino da Silva was told a month’s worth of WhatsApp messages had been deleted from his mobile phone.

Lawyer Alex Maroulis said efforts were underway to retrieve a conversation about OnlyFans between his client and his now ex-boyfriend.

“These messages would be in the period where the text messages have not been provided by [the alleged victim] or deliberately deleted by [the alleged victim],” Mr Claudino da Silva said.

“With [the alleged victim’s] consent, I posted on the website ‘OnlyFans’ sexually explicit material of us and I did not show [his] face in any of the sexually explicit images that I posted on OnlyFans.”

Unable to legally work in Australia, Mr Claudino da Silva said OnlyFans was a way of making money so he could return home to Brazil after a breakdown in their relationship.

The accused also referred to a conversation he had with the alleged victim at a Camperdown park, in which he claimed there was also verbal consent about uploading videos to the porn site.

“He said, ‘If you post any of our sex videos make sure my face does not appear — I will see how it goes for you and how much money you make, and I might join myself to make some money and get out of debt,’” Mr Claudino da Silva said.

The alleged victim strongly denies ever consenting to the videos being made public, and gave evidence about the impact on his life in July.

“My face became nothing more than a promotional tool … my tattoos, which I used to wear proudly, now feel like branding,” he said.

“I feel dirty … I lost my identity forever.”

Magistrate Clare Farnan indicated there would be a need to hear evidence from Mr Galloway about what legal advice was given to Mr Claudino da Silva.

“Clearly there has been a lot of difference between the parties as to what happened,” she said.

Despite being granted bail in September, Mr Claudino da Silva remains behind bars at Villawood Detention Centre but is seeking release from the Immigration Department.

His case returns to court next week.

Originally published at https://www.abc.net.au