Advertisement

'A nurse violated me and it wasn’t a crime'

Two and a half years ago Brieana Rose* suffered one of the most horrendous invasions of privacy you could ever imagine - when a nurse took a photo of her genitalia.

But thanks to her determination and persistence, the experience has this week lead to new privacy laws in NSW.

The Sydney teacher was at Norwest Private Hospital having a gynaecological procedure to check for cancer in December 2014. While she was under anaesthetic, a female theatre nurse snapped an explicit photo of her genitalia on her mobile phone.

“She was supposed to be the one person in that room watching over me,” Brieana tells Be.

The incident came to light after two other nurses at the hospital reported the woman who had shown the image to colleagues.

'She was supposed to be the one watching over me'. Photo: Getty
'She was supposed to be the one watching over me'. Photo: Getty

Incredibly it took five weeks for the hospital to contact Brieana to tell her what had happened.

“It took several hours for it to sink in. Thinking ‘holy crap there’s a photo out there of me’. And ‘what has this nurse done with that photo in those 5 weeks?’”

The experience revealed a huge gap in medical and privacy law in NSW. Incredibly, the nurse didn’t actually 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.

“She was showing people in the hospital while I was still there. And the hospital was unable to do anything to stop her from going home and showing that image to other people,” says Brieana.

“I was told they asked her to delete it, but I was also told they couldn’t check if she’d deleted it and privacy laws prevented them from asking. It wasn’t a hospital device.”

It took Brieana 10 months to have proof the photo was deleted. Photo: Getty
It took Brieana 10 months to have proof the photo was deleted. Photo: Getty

It took Brieana 10 months to have a forensic analysis done on the phone, something she had to pay for herself, to ensure the photo had been deleted.

But the damage had been done.

“Just not knowing, that nearly killed me. You have no idea how this feels until it actually happens to you,” Brieana says.

“I couldn’t really understand it until I went to the police and they treated me like a sexual assault victim. I ticked every one of the things a sexual assault victim feels and I started to realise just how affected I was.”

RELATED: Woman blown away by support after double-cancer blow
RELATED: WATCH: Meet the little girl that’s beating all the odds

Despite going to the police there was nothing they could do. The criminal law in NSW said that it was only a crime to take a photo of someone's genitals if you are doing it for the purpose of sexual gratification.

But instead of going into a shell and trying to forget it ever happened, Brieana decided to do something about it.

The nurse hadn't done a crime. Photo: Getty
The nurse hadn't done a crime. Photo: Getty

“This would not have gone anywhere if I hadn’t kept asking questions,” she explains.

“There was just nothing, no criminal law, because she was a woman, the police couldn’t seize the phone. She hadn’t done anything criminally!”

It took immense courage for Brieana to decide to speak out and share her story. At the same time a parliamentary inquiry into major privacy breaches was underway in NSW to which she made a submission.

But then she went a step further and decided to speak at the inquiry, which was highly unusual.

“I can’t forget the look of horror on their faces when I addressed them,” she says.

Over 20,000 people signed her petition to have the laws changed. Photo: Getty
Over 20,000 people signed her petition to have the laws changed. Photo: Getty

She continued visiting politicians, writing letters, making phone calls and started a Change.org petition that has since gained over 20,000 signatures.

She fought weeks and weeks of anxiety attacks and severe depression to make the government listen.

“I fought tooth and nail and explored every opportunity. I was going to make sure that if this were me again in the future that I’d have a lot more chances,” says Brieana.

“I just didn’t want the next person to have to fight so bloody hard. I didn’t want them to have to feel for 10 months what I had to feel.”

This week the NSW Parliament passed laws that will see people who record or share intimate images without consent face jail for up to three years and fines of up to $11,000.

Brieana says this is just the first brick in a national overhaul of privacy laws that she believes is required. But she is extremely grateful for the support she’s received to get this outcome.

“Particularly the nurses, the number of nurses who are completely outraged that this woman is not pushed from their profession was so overwhelming,” she says.

“There are times when I wish it didn’t happen, but I’m glad it was me because I had the skill set to get it done.”


  • name has been changed