“My legs were widespread in stirrups.”
When Sydney school teacher Brieana Rose* woke up from general anaesthetic after a procedure to check for cancer last year, she believed all had gone to plan.
That is, until a doctor from Norwest Private Hospital said something so shocking, she almost couldn’t believe it: She told Breanna one of the nurses had taken an explicit photo of her genitals while she was unconscious.
The photo was shown to two other nurses in the recovery room, ABC News reports.
Bizarrely, the nurse didn’t break the law by taking that explicit photo — and although she was sacked from the hospital and had her behaviour referred to the Nursing and Midwifery Council of New South Wales, she is still practising without restrictions or supervision.
Now, Brieana has started an online Change.org petition calling for that legal loophole to be changed.
“My legs were widespread in stirrups. She shared these images with her colleagues – exploiting my vulnerability as a ‘joke’. But unbelievably, what she did is legal in NSW,” Brieana wrote.
“Disgracefully a woman taking a photo of another woman’s genitals without consent is currently legal in NSW,” she writes in the petition — referring to section 91 L of the Crimes Act, under which it is only an offence to photograph or film someone’s private parts for the purpose of sexual gratification.
That was not the case in Brieana’s case — so she is left without any legal. claim against the nurse.
“I’ve lost my dignity. There’s no legal recourse available to me… I’ve been told that because the images of my genitals were intended for cheap, cruel laughs among medical professionals – police can’t lay charges.”
The petition has already gained more than 3,000 signatures, and dozens of supporters have expressed sympathy for Brieana and disbelief that the strange loophole still exists.
“I personally think this is disgusting,” wrote one supporter.
“I’m signing this petition because I’m horrified that not only is this hideously disgraceful behaviour ‘legal’ but that there are supposedly civilised (for want of a better word) nurses who THINK that this is even remotely acceptable,” wrote another.
“No person has the right to expose someone else’s genitals in public,” wrote another.
We wish Brieana Rose all the best.
*Not her real name.
You can sign the petition here.
Top Comments
I'm left wondering about "agendas" here.
What was the doctor's agenda in telling the woman ?
What was the nurse's agenda in taking that photo ?
The woman in the photo above is clearly overweight so was this to satisfy the curiosity of skinny people about the anatomy of obese people or to simply make cruel fun of this woman's body ?
If this behavior was for cheap, cruel laughs - why are these "medical professionals" still working in those roles ?
As for the victim, she's been left feeling assaulted, abused, ridiculed & violated.
It's actually irrelevant that she can't be identified - her trust in that medical practice and her right to feel safe in that environment has been forever shattered.
Would I "go for the jugular" ? Damn right I would........not just for myself, but to protect others.
I'm not sure what 'agenda' the Dr who informed the patient would need other than the moral obligation to inform the woman that her privacy had been violated and the hospital was attempting to address the issue. I would hope someone would feel obliged to inform me if someone did something that hideous to me without my knowledge. Her trust in the medical fraternity would have been irreparably shattered if she some how found out later that it happened, they knew it happened and they decided she didn't 'need to know'. As awful as it is, I find it reassuring that the two nurses shown the photo reported it immediately and the Dr and hospital in question did not attempt to sweep it under the carpet. The decision of the nursing and midwifery council is disgusting, but the actions of the hospital and the other staff who reported the violation and informed the patient in my opinion should be applauded.
Yes I agree
The nurse in question showed the photo to two nurses who immediately reported her to senior management, the nurse has signed a statutory declaration stating the photo has been deleted from the phone and there are no copies, and has lost his or her job so a clear message has been sent and received. Now there is no doubt we'd all be unimpressed by such an event, however this was not a photo that could be used to identify a person in daily life (unless your daily life involves going commando and stirrups ), sometimes you've just got to let the bad stuff go.
Clearly the above had been written by somebody that's never been abused and been left feeling vulnerable. That nurses behaviour is beyond belief. Absolutely disgusting.
And you don't claim you couldn't go to work for day's or even out in public to go to the shop because of a fear of being recognized........ from a photo of your vagina!, this woman is after a payout and nothing more....she won't get it, nobody has seen that photo who wasn't able to see the original subject matter in person.
A uneducated reply.
From one Anon to another, I can't believe you have this attitude, this woman has every right to be very upset, but it's also not just about her, would you like it if someone took a photo of your genitals and put it all over the web, which is what could have happened, and it also could be that it was the whole body and face so that everyone knows it's you. This is the point is that the legally people can do this in NSW!
My only issue with this petition is that it doesn't go far enough, it shouldn't just be about nurses, it needs to be that no one can take photos like this without permission, however if the petition gets enough momentum then I'm sure the legal beagles will realise the law needs to have a broader application and not just apply to nurses.