Woman typing on a laptop

Revenge Porn – The Issue with the New Offence

What is revenge porn?

The Government has recently introduced the new offence of disclosing private sexual photographs and films – more commonly known as revenge porn. This will see people facing Court proceedings if they are found to have disclosed private sexual photographs or films without the other person’s consent. 

Meaning those that have shared other people’s ‘nudes’ into group chats or uploaded them to the internet, might find themselves subject to a police investigation and potential Court proceedings. Being found guilty of such an offence has the potential to carry up to 2 years imprisonment. 

However, one of the requirements of the offence is that the Prosecution needs to show that the person who shared the photographs without consent intended to cause the person depicted distress. It appears this requirement isn’t as easy to satisfy as the Prosecution first thought.  

 

A case study from one of our clients

In October 2022, Richard Nelson LLP’s criminal defence team were instructed by a gentleman that was facing a revenge porn allegation from his ex-partner. Our client was said to have received private images over snapchat and then uploaded the videos to an online platform. This was then discovered once the relationship between the two parties ended.

Our client’s explanation was that he used the images as part of an online chat group where members role played fantasies and posted pictures in support of their story-telling. He therefore denied that he ever intended to cause distress to his ex-partner as he did not maliciously post the photos.

Our defence team picked up the case prior to the first Magistrates Court hearing and submitted written representations to the Crown Prosecution Service. In these representations the team pointed out that the Prosecution had failed to find any proof that our client acted with the specific intention to cause distress to his ex-partner.

Submitting these representations led to the Crown Prosecution Service conducting a review of their case and conceding that they did not come up to the standard of proof required. As a result, the case was discontinued, and the client faced no penalty.

Is this a Loophole?

It appears that when putting together this new offence, the Prosecution set themselves a challenge. For people facing allegations of revenge porn, the Prosecution is always going to have to prove that the defendant shared the photos with malicious intention to upset the person in the photo.

Those who shared the image by accident or purely because they thought it might be ‘funny’ might find a way to avoid prosecution – surely this can’t have been what the Government intended? But it is what they are stuck with for now.

 

How can our Criminal Defence Team help you?

If you find yourself facing allegations of revenge porn, our Criminal Defence Team is here to assist you. Whether you are under police investigation or facing Court Proceedings, the team can advise you on whether they have the necessary evidence to prove the case against you.

Contact us online or call and a member of our team will be able to speak with you and discuss how we can help.

Arrange a call today

Are you an individual or business looking for legal advice and representation?

Speak to a lawyer
  • Award-winning service
  • Authorised and regulated by the Solicitors Regulation Authority
  • Benchmark for quality