Revenge Porn Solicitors

What is the legal definition of revenge porn?

Revenge porn refers to the sharing of private and intimate images or videos of someone without their consent. It is defined under Section 66B of the Sexual Offences Act 2003 and applies whether the images are shared online or offline. 

This offence targets the non-consensual disclosure of sexual content. The Prosecution are not required to prove intent, but the outcome of your case can be affected if the Prosecution can show that the sexual content was shared for the purpose of sexual gratification or with the intention of causing alarm, distress or humiliation to the person depicted. 

You can now find yourself in trouble with the police if you merely threaten to disclose private images or videos. It does not matter whether the photo or video exists. 

Common allegations include:

• Sharing intimate photos of an ex-partner after a breakup
• Uploading or forwarding private videos to others without permission
• Posting explicit content on social media
• Threatening to release images (which may also lead to blackmail charges)

What does ‘sexual’ mean in the context of revenge porn?

To fall under the revenge porn offence, the image or video must be of a sexual nature. This typically includes content that shows a person’s genitals, depicts sexual acts, or involves someone posing in a sexually provocative way.  The definition is broad and can cover content that may not initially seem explicit, depending on the context and how it is perceived by others.

Is digitally altering an image considered revenge porn?

Digitally altering an image to make it appear intimate or sexual falls under the legal framework governing non-consensual intimate image offences. 

Under the Sexual Offences Act 2003, the Online Safety Act 2023, and recent data updates, it’s illegal to share or threaten to share intimate photos or videos of someone without their permission, and this includes deepfake images. Furthermore, it’s also illegal to create, or ask someone to create, fake intimate images or videos of someone without their permission.

If you are facing allegations involving digitally manipulated images, a criminal lawyer for revenge porn is vital to examine digital evidence, establish context and build a robust defence.

What defences are there against revenge porn accusations?

The only available defence to a charge of disclosing private sexual photographs or films without consent is set out under section 66B(8) of the Sexual Offences Act 2003. This defence applies where the defendant can show they had a reasonable excuse for sharing the material. What amounts to a reasonable excuse is legally complex and highly dependent on the specific circumstances of the case. 

Our lawyers for revenge porn are experienced in analysing the surrounding context and take the time to sit down with you, listen carefully to your account, and assess whether this defence may apply. If it does, we will take proactive steps to present your case, whether during the police investigation or at court, to ensure your defence is properly understood and considered.

What are the sentencing guidelines for revenge porn offences?

The sentence for revenge porn (or image-based abuse) can vary depending on the severity of the offence. This offence is triable either way, in the Magistrates’ Court or the Crown Court, depending on the case’s severity.

Sentencing can include fines, community orders, or imprisonment of up to two years. Crucially, where material is shared or published for the purpose of sexual gratification, a conviction can also result in the offender being placed on the Sex Offenders Register (subject to notification requirements).

When determining the sentence, the court will assess factors such as:

• Motive and intent: Whether the material was shared to cause distress, alarm, or humiliation, or for the offender’s own (or another person’s) sexual gratification. 
• Widespread digital distribution: Creating dedicated social media profiles, fake accounts, or online channels specifically to post or disseminate intimate images.
• Targeted personal sharing: Directing material straight to the individual’s inner network, such as sending images to family members, friends, or co-workers.
• Impact and prior record: The level of distress caused and whether the defendant has prior convictions.

Who can be charged with revenge porn?

Anyone who shares private sexual images without consent can face revenge porn charges, regardless of gender. While many cases involve men sharing images of women, women can also be charged under the same law.