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A Brazilian tourist – facing a trial for illegally filming himself having sex with his boyfriend and selling the footage on OnlyFans – now says his ex partner gave consent.
Fabricio Claudino da Silva originally pleaded guilty to the offenses in June.
But now he has attended court again to reverse his plea. He claims that, far from it being a revenge porn case, his former partner even said he may start an OnlyFans account himself.
However, the alleged victim strongly denies ever consenting to the videos being made public.
Claudino da Silva met his ex-boyfriend in Brazil last year. He came to live in Australia but the pair broke up after five months.
After their break-up, the Brazilian former flight attendant stayed in Australia. With no other way to make a living, he worked as a nude model and ran an explicit OnlyFans account.
But he uploaded a four-minute sex video and nude photos of his ex to OnlyFans. And he then promoted the content to 130,000 social media followers.
However Claudino da Silva told GSN today: ‘I’m innocent of the charges and I can prove [it].’
‘Unfortunately I was / am facing difficulties back home and decided to plead guilty then so I could get the case done and be home for my mother.’
‘Extreme duress’
The 32-year-old gave evidence to Central Local Court via video link from Villawood Detention Centre in Western Sydney. The hearing saw him change his plea to not guilty.
ABC News reports that he told the court he only pleaded guilty in June under ‘extreme duress’ after his solicitor at the time advised him to:
‘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”.’
However, court documents at the time show the Brazilian was desperate to return home. He wanted to care for and support 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.”
‘If this is the only way out of the situation, I agree to plead guilty.’
Question of consent
But despite his plea, the case has rumbled on.
In August, he hired new legal representation. And he learned a month’s worth of WhatsApp messages had disappeared from his mobile phone.
His lawyer, Alex Maroulis, said they were trying to retrieve a conversation from the phone where his client and his ex had discussed OnlyFans, ABC News reports.
Claudino da Silva said: ‘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].
‘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.’
Moreover, he claims the alleged victim verbally agreed to him uploading the videos:
‘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.”’
‘I was made to look cheap’
Despite that, his ex-partner has a very different version of what happened. In July, he told the Downing Centre Court in Sydney his story.
He said he thought the Brazilian was the ‘man of his dreams’ when they met in Rio de Janeiro.
But the discovery of his ex’s revenge porn had left him sleepless and ‘afraid of the outside world’.
He said: ‘My dignity was sold for $12.99. This was sexual exploitation… this was domestic violence.
‘My image was taken and rebranded. I knew that wasn’t me, but I was made to look cheap, and I started to believe that maybe I was.
‘My face became nothing more than a promotional tool. My tattoos, which I used to wear proudly, now feel like branding. I felt guilty, I felt dirty… I lost my identity forever.’
He now wants to get his tattoos lazered off.
Claudino da Silva’s case will return to court next week.
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