What is Revenge Porn?
In a digital age where sharing intimate content via smartphones and social media has become common, the legal boundaries surrounding these actions have tightened significantly. While many share private images within the context of a trusting relationship, the sender effectively loses control over that material the moment it is sent. When such images are subsequently shared without permission to cause harm, it falls under the serious criminal category of intimate image abuse, more commonly known as “revenge porn“.
Since 2015, the UK has enforced specific legislation to address this issue, and the consequences for those accused or charged are life-altering. If you find yourself facing an allegation of this nature, understanding the law and your rights is the first step in protecting your future.
What is a Revenge Porn Offence?
Revenge porn refers to the unauthorised sharing of private sexual photographs or films of another person. We often see this following the breakdown of a relationship. This is a criminal offence under UK law.
The offence was introduced under Section 33 of the Criminal Justice and Courts Act 2015. It applies where someone discloses a private sexual image without consent and with the intent to cause distress. The law was designed to address the rising number of cases where individuals used intimate photographs to humiliate or harm former partners.
Since 2024, the Online Safety Act has replaced the original offence with broader provisions under the Sexual Offences Act 2003. However, cases involving conduct before 31 January 2024 are still prosecuted under the previous law.
The law is broad in its scope, covering various forms of distribution, including:
- Social media: Posting content on platforms like Facebook.
- Messaging Apps: Sending images via WhatsApp, text, or email.
- Websites: Uploading content to pornography sites or other public domains.
- Physical Media: Distributing traditional photographs, discs, or tapes.
- Threats: Simply threatening to share intimate content is also a criminal offence.
- Deepfakes: Creating, sharing, or encouraging the creation of fake but realistic sexual images or videos of someone without their permission.
What Changed Under the Online Safety Act for Revenge Porn Offences?
Section 66B of the Sexual Offences Act 2003 introduced new offences relating to the sharing of intimate images. These include:
- Sharing without consent is when the accused does not reasonably believe the person consents.
Sharing with the intent to cause alarm, distress, or humiliation. - Sharing for sexual gratification
These changes reflect a stronger focus on digital offences and close several legal loopholes. If you are being investigated under these updated laws, it is vital to instruct a legal team with in-depth knowledge of how they are applied.
Defences to Revenge Porn Allegations
There are defences to revenge porn allegations, it is important to understand the ability to defend such allegations and how we can assist in presenting your defence in the strongest and most robust way, common defence include:
- Sending it to the person who appears in the film.
- Where the sender believes it is necessary to disclose the image or film to assist law enforcement with investigating, preventing or detecting crime.
- Disclose a photo or video where the person disclosing reasonably believed that the publication was or would be in the public interest (a provision to protect journalists)
- Disclosure of a photograph or video where the person disclosing reasonably believed that the image had already been disclosed for reward and had no reason to believe that the disclosure for reward was made without the consent of the person depicted in the image, for example, pornography.
Legal Definitions of “Private” and “Sexual”
For a prosecution to be successful, the material in question must meet the legal criteria for being both “private” and “sexual”.
Private
“Private” material refers to content that would not normally be viewed by the public. Crucially, if the image has been consensually shared in a public forum previously, it may no longer be classified as private under the Act.
Sexual
“Sexual” material is not limited to full nudity or sexual intercourse. It includes:
- Images showing genitals or a person in their underwear.
- Content depicting sexual activity, even if the individuals are fully clothed.
- A person doing something private in a bathroom.
- Anything that a “reasonable individual” would consider to be sexual or sexually provocative
Being Charged with Revenge Porn
If you are charged with intimate image abuse, you are facing a serious sexual offence allegation. The courts treat these cases with extreme severity, often viewing a prison sentence as a necessary deterrent and punishment. Before a charging decision is made, the accused is likely to have been under police investigation for a considerable period of time and subject to losing electronic devices due to the need for forensic examinations.
Sentences for Revenge Porn Offence
Imprisonment: A conviction carries a maximum sentence of two years’ imprisonment.
Criminal Record: A conviction will result in a permanent criminal record, which can devastate career prospects and personal reputations.
Related Charges: Depending on the specifics of the case, you could also face charges under the Malicious Communications Act 1988, the Communications Act 2003, or the Protection from Harassment Act 1997. In cases involving minors, charges related to child pornography or grooming may apply.
When deciding on a sentence, the court examines several factors, including the seriousness of the offence, the level of intimacy of the material, where it was published, the impact on the victim, and whether the defendant demonstrates remorse.
Digital Evidence
Revenge porn investigations rely heavily on a digital footprint, forensic evidence obtained from electronic devices. The police and the Crown Prosecution Service (CPS) have the tools to track the origin and transmission history of digital files across various platforms. This makes these cases technically complex, as metadata and communication logs often form the backbone of the prosecution’s evidence.
Accused of Revenge Porn: What Should You Do?
Being accused of a crime you did not commit, or finding yourself caught up in a complex digital dispute, is incredibly distressing. If you are accused of spreading revenge porn or anticipate an arrest, immediate action is vital. Taking the process step by step is essential:
- Seek Specialist Legal Advice: Consult a solicitor who specializes in sexual offences and digital evidence early in the process to secure the best possible outcome.
- Do Not Destroy Evidence: It is a natural impulse to want to delete the material in question, but destroying or withholding evidence can lead to greater suspicion and may be viewed as an attempt to obstruct justice.
- Preserve Your Communication History: Your own logs of conversations and the context in which images were shared can be crucial for your defence, particularly regarding the issue of consent and intent.
How Eventum Legal Can Help in Revenge Porn Cases
At Eventum Legal we are dedicated to taking a no stone unturned approach, and to challenge evidence where it is our client’s instructions to do so. Working with leading forensic experts we can ensure any digital evidence presented by the CPS is checked for accuracy and strength, and where this lacks present our expert evidence.
Our team will listen to your side of the story and formulate a strategic plan to challenge the prosecution’s case. This involves a methodical review of the digital evidence, questioning the “intent” requirement of the law, and ensuring that any potential defences are robustly presented.
The social stigma surrounding revenge porn allegations is significant. Acting early ensures that your reputation is protected as much as possible while your legal team works to limit the damage to your personal and professional life. A proactive defence is your best protection against the life-changing consequences of a revenge porn conviction.