Data from the Home Office has indicated, there were 38,685 recorded incidents of image based sexual abuse (IBSA) in England and Wales in the past year, averaging over 100 offences per day, predominately targeted at children.


To be able to understand the severity of this epidemic, it is crucial to digest the sheer scale of social media and its influence. Social media is no stranger to society with its presence dating back to the early 2000s, since then usage has only been on the rise. ​As of January 2024, approximately 56.2 million people in the United Kingdom were active social media users.


The impact of such manifest’s day to day, with a surge of self-proclaimed influencers, videos designed to make users laugh, images of puppies, monuments, beaches and many more. You name it and you can find it. Social media has opened the gates for communication like never before, but what happens when things go wrong?


With all the joy social media holds it can be quite easy to overlook the darker side of innocence, desensitization of sexualised content provides a ‘green light’ to the access of indecent imagery and videography, impacting the criminal justice system immensely. We are finding that more and more people are accidentally accessing images, videos and Child sex abuse material without ever searching for that type of content. 

Adults and Social Media


Over time many adults have been subject to allegations of viewing and downloading child sex abuse materials flagged by social media platforms. Most often, the public are unaware that social media platforms such as Snapchat, Mega NZ, Instagram and Facebook hold an internal management system whereby any access to explicit content is highlighted and used by the police as ‘intelligence’, even in circumstances where adults accidentally come across such content.


Accidental viewing of Child sex abuse materials takes place, often in situations where people may innocently click on a link unaware of its contents or an advertisement of what on the surface seems to be featuring another consenting adult, turn out to be a child under the age of 18.


This demonstrates the incapability's of social media platforms regarding prevention of allowing indecent material of children to be found on the internet and its failure to protect vulnerable people from hoping down the ‘rabbit hole’ of content. Have you ever found yourself searching for what is deemed as normal, such as a movie or humorous videos, only to be shown multiple pop ups of content which you did not ask for?


One miss-click in the attempts of removing the content can ultimately lead to accessing illegal material. Showcasing how easily innocent individuals, who would never dream of accessing this type of content, can be pulled into the justice system destroying lives, families and careers.


To tackle systematic issues like this, the implementation of the Online Safety Act 2023 requires amending to provide greater responsibility onto social media platforms to prevent the indecent imagery ever coming to the surface in the first place. The Act only really introduced four new sexual offences regarding non-consensual sharing of intimate images online, criminalising the innocent viewer, rather than placing the burden on the platforms to put a stop to the uploading of Child sex abuse materials.


Youths


Regarding youth offenders within the realm of sexual offences, it has become increasingly apparent that young people are at the forefront of allegations; offenders between 10–17-year-olds account for half of all police reported child sexual abuse crimes in 2024, in conjunction with approximately three quarters of offending occurring outside of the family environment. 

With a concerning uprising in youths having access to explicit content online, social media provides a platform for sexual victimisation and the accumulation of indecent images, becoming a playground for image based sexual abuse (IBSA). There is an evidential lack of education for youths on the dangers of online content, making society susceptible to an epidemic of minors committing sexual offences against other minors.


Many young people are exposed to explicit content that featuring other youths. This can emerge without them understanding the risks associated leading to serious consequences. When youths come across these types of images or videos, it can distort their understanding of what healthy relationships and consent looks like. Unfortunately, this results in the sharing of intimate images without consent. Consequently, the lines between what is acceptable and what is not acceptable online become more blurred. We are witnessing more cases of minors getting caught up in sexual offences—whether as victims or perpetrators. It's more important than ever for parents, teachers, and communities to talk openly with young people about the dangers they face online, teaching them the value of consent, privacy, and how their actions can impact others.


Should we Ban social media?


One way in which Australia, have attempted to rectify these issues is by introducing The Online Safety Amendment (Social Media Minimum Age) Bill 2024, a social media ban for all aged under 16. This is in the hopes of limiting access to explicit content on social media, allowing young people to grow and learn in a safer environment. This legislation is set to come into full force by the end of 2025 with a phase-in period starting in December 2024. Begging the question should the United Kingdom follow suit?


In theory, a social media ban would restrict accessibility to harmful content such as images, videos and Child sex abuse materials. However, how will this be regulated and enforced? Police forces are already inundated with sexual offence cases simply not having the staff, resources or funding to manage such a heavy load. Additionally, social media platforms appear reluctant to bear the responsibility of taking accountability for allowing such content to be accessible. Once again placing parents in the detrimental position of making sure their child is not accessing the internet in an illegal manner.


Furthermore, it may be likely that a social media ban will propel young people into rebelling against the law. If these explicit materials are readily available, then it is quite difficult to prevent youths from gaining access whether it is legal or not. This places emphasis on the need to educate young people in the correct way to ensure the safety of themselves and others.


How can we help?


If you find yourself in a position where you have come across illegal material on the internet whether unintentionally or not, or you are arrested due to a false allegation involving the improper use of the internet, we can help. Speak with our specialist criminal defence lawyers today. Obtain free advice, speak with a specialist, seek help and do not go through this alone.


Written by: Sylvie Smith

Criminal Defence Paralegal




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Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality.  Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
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