Lawyers for allegations of revenge porn
Many people are aware of the concept of revenge porn. The typical situation would be an individual uploading or distributing private sexual images of a former partner to get ‘revenge’ for whatever reason.
The increasing use of the internet and smart phones in the last decade saw a rise in this kind of behaviour and so in April 2015 the Criminal Justice and Courts Act (CJCA) 2015 created the specific offence of ‘revenge porn’. It became an offence to ‘disclose private sexual photographs and films; without the permission of the individual who appears in the photograph or film; with intent to cause distress.’
Defendants accused of this kind of behaviour were previously charged under the Malicious Communications Act of 1988 or the Communications Act 2003. However, since the new Act was introduced in 2015, it is far more likely that those uploading ‘revenge porn’ will be charged under the new law.
‘Revenge porn’ offences are occasionally considered part of a campaign of harassment and so may be charged alongside an offence under the Protection from Harassment Act 1997.
Defences to revenge porn
There are a number of defences that may apply in relation to revenge porn allegations:
- If someone reasonably believed that sharing of the material was necessary for the purposes of preventing, detecting or investigating crime.
- It is a defence if the material is disclosed, in the course of, or with a view to publication of journalistic material and that the defendant reasonably believed that publication is in the public interest.
- The defendant also has a defence if they reasonably believed that the content had previously been disclosed for reward and that the defendant had no reason to believe that the previous disclosure for reward was made without the consent of the individual.
Revenge porn sentencing
The offence carries a maximum sentence of two years in custody for the most serious cases but can also be punished by way of a fine or a community order.
What constitutes revenge porn?
Essentially, the person depicted in the film or photograph must not have wanted that to be shared.
It is also a crime to threaten to share this material.
If there was no intent to cause distress, for example the person sharing the image just thought it was funny, then the offence will not be committed as the law currently stands.
The content being shared must be of a sexual nature and private, so not something ordinarily seen by the public.
Future changes to revenge porn legislation
There has recently been a proposed amendment to the Online Safety Bill. Learn more in this article: Watering down the Online Safety Bill
This would specifically criminalise further, similar offences to revenge porn. These include: ‘downblousing’ (where a woman’s cleavage is photographed without her consent); installing hidden cameras to take images of someone without their consent; sharing ‘deepfakes’ (explicit images which have been altered to look like someone) without consent.
Alongside this, stronger regulation is also proposed surrounding sharing sexual images without consent. Instead of the current law which requires intention to cause distress in order to be found guilty of this offence, the proposed changes will amend this in order to prosecute more people. There will be a ‘base offence’ for sharing intimate images without consent. There will be two more serious offences created if images are shared to cause humiliation, alarm or distress, or for sexual gratification.
How can Olliers help?
At the investigation stage, we can communicate with the police on your behalf. We can prepare representations in relation to either mitigation if the offence is admitted, or setting out your case if the offence is denied. Read more about our pre-charge investigation work here.
If you are charged with this offence, we can represent you at court, with one of our specialist solicitors presenting your case. We will advise you on the strength of the evidence and the sentencing guidelines in the context of your case. If you are entering a guilty plea, we will do our very best to ensure you receive the lowest sentence possible. If you are entering a not guilty plea, we will put forward your case to the court, ensuring you have the best chance possible of the desired outcome.
FAQs
I have shared a GIF image of this nature. Have I committed this offence? – Yes, it includes a still or moving image in any form.
I didn’t share the image online, but I showed all my friends when I was with them. Is this still classed as revenge porn? – Yes. The offence applies to sexual and private images shared both online and offline.
I sent a text message sharing this content to the wrong person. Have I committed this offence? – No this would not constitute the offence.
Will I be dealt with in the Magistrates Court or the Crown Court? – The offence can be dealt with in either court, depending on the seriousness.
If I am found guilty of this offence, will I be sent to prison? – Not necessarily. You may be given a community order. You could also be given a prison sentence which is suspended for a certain period, meaning that if you don’t get in trouble again within that period, you do not actually serve a prison sentence.
Need a solicitor for a revenge porn allegation?
Contact Olliers to arrange advise and representation in relation to an allegation of revenge porn by completing the form below, telephoning 0161 8341515 or by emailing info@olliers.com.
