Written 13th October 2014 by Olliers Solicitors
Revenge pornography, defined as sharing sexually explicit images of former partners without their permission, is to become a criminal offence punishable by up to two years in prison.
The legislation is to be introduced through the Criminal Justice and Courts Bill that is currently going through parliament. The new offence will cover both the sharing of explicit images online and through the hard copy release of pictures. The move comes following increasing political pressure to criminalise the practice of humiliating former lovers by posting intimate pictures of them online.
Scope of Legislation
The offence will apply to photographs or films that show people engaged in sexual activity or depicted in a sexual way or with their genitals exposed, where “what is shown would not usually be seen in public”.
The justice secretary Chris Grayling commented:
“The fact that there are individuals who are cruelly distributing intimate pictures of their former partners without their consent is almost beyond belief.
“We want those who fall victim to this type of disgusting behaviour to know that we are on their side and will do everything we can to bring offenders to justice.
“That is why we will change the law and make it absolutely clear to those who act in this way that they could face prison.”
The minister for women and equalities, Nicky Morgan, added:
“Circulating intimate photos of an individual without their consent is never acceptable. People are entitled to expect a reasonable level of respect and privacy.
“It is right that those who do circulate these images are held to account, and that we educate young people to the hurt that can be caused by breaking this trust.”
Social Networking
The new law will mean that those who post images to social networking sites, including Facebook, will face prosecution. Additionally, those who share images via text message or other messaging services such as Whatsapp could also face prosecution. Images shared via email or even by physical hard copy could also come within the scope of the new legislation.
The maximum sentence for those convicted will be two years in custody. Other laws currently used to prosecute the sending of sexual images such as the Communications Act 2003 or the Malicious Communications Act 1988 could still be used where appropriate.
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Olliers is one of the UK’s leading criminal defence and regulatory law firms, specialising in the defence of individuals, businesses, and other organisations across a broad range of corporate and financial crime, regulatory offences, serious crime and sexual offences. We act in professional discipline matters. We use the same skillset to represent individuals and organisations facing criticism before inquests and public inquires.
