Revenge Porn

Reported cases of revenge porn have increased significantly in recent years. Mobile phones are more powerful and most include a cameral. It has never been more easy to share images. This has led to an increase in people sharing intimate images with their partners via social media, text, and other instant messaging services.

When a relationship deteriorates and the breakup is not an amicable, some individuals may choose to use any explicit images that they have of their ex-partner against them as a means of “revenge”. This can be extremely damaging for the victim. Such intimate and private images are, in most circumstances, intended to be seen by the recipient only. When such an image is shared with others and even the public, that person is then not in control of who sees this picture of themselves. This lack of control and feeling of humiliation can negatively affect that victim.

Originally, they might have trusted that partner enough to share such personal content with them and be reassured that the recipient would not act so maliciously. A violation of trust such as this can leave a scar that then has the potential to negatively impact the victim psychologically and jeopardise future relationships.  Former Love Island contestant Zara McDermott had intimate images shared without her consent – twice. She described in a BBC documentary,  the devastating effect on her mental health, and called for more support for victims.

On the 13^th April 2015 Section 33 of the Criminal Justice and Courts Act 2015 came into force. This created a new criminal offence of disclosing private sexual photographs and films with intent to cause distress. (More commonly known as revenge porn.)  Police and prosecutors had previously had the power to deal with such offences under other legislation (Communications Act 2003, the Malicious Communications Act 1988 or Protection from Harassment Act 1997).

Legislation introduced in 2015 made sharing of such images or films a specific offence in its own right and covered all social media platforms and electronic communication.  The act criminalises sharing private, sexual images or films containing scenes that would not usually be seen in public. The term “sexual material” refers to images that show the genitals but also anything that a person would consider to be sexual, for example someone behaving in a sexual way or posing for a picture in a sexually provocative way.

There will now be a consequence to those who are found guilty of this crime. Perpetrators could receive up to two years’ prison sentence for this offence. There are also consequences for possession of images – see our article on Sexting.

The legal age for sexual consent in the UK is 16.  The Protection of Children Act 1978 states that it is an immediate offence to obtain, possess or share indecent images of anyone under the age of 18 even if the images were received with the consent of the young person involved.

This also means that it is against the law for anyone under the age of 18 to possess, share, or send explicit or sexual images, even of themselves. In 2019, police forces in England investigated an average of 241 sexting cases a month involving children under 14.

Sexting between an adult and a child is extremely serious and the adult will be deemed as breaking the law.    If you are concerned someone is sending your child indecent images you can report online to the Child Exploitation and Online Protection Centre (CEOP).