Revenge Porn

What is Revenge Porn?

If someone has shared private, sexual materials of another person without their consent and with the purpose of causing embarrassment or distress, that person may be guilty of a criminal offence.

Sexual materials do not only cover pictures of genitals, but also anything that a reasonable person would consider to be sexual. This could cover a photo of someone posing in a sexually suggestive manner or a video engaging in sexual behaviour.  It could also cover a photo of someone in their underwear, if the image being shared caused distress to that person.

Sharing includes posting online and also sending to other people.

The offence of Revenge Porn

The offence of revenge porn is detailed under section 33 of the Criminal Justice and Courts Act 2015.

A person found guilty of the offence can be sentenced to a maximum of 2 years imprisonment.

Revenge porn may overlap with other criminal offences, for example, harassment or stalking.

If the material has been taken without your consent and sent to you, that would not be revenge porn as it has not been shared. However, that may still be a criminal offence and you should contact the Police.

What should I do if someone has shared something against my will?

You should report the matter to the Police as a matter of urgency. The Police should treat you with respect and be considerate of the nature of the allegations that you are making.

The Police should take action and speak to the person who has shared the images/videos.

If the material has been shared on a public website, Facebook for example, you should report the image to Facebook for it to be removed. You should make sure that you have evidence the material had been posted prior to it being removed in order that you can still show the Police.

Here at Sills & Betteridge LLP, we have a dedicated team of legal representatives that can advise in respect of domestic abuse concerns. For example, a Non-Molestation Order obtained in the Family Court may prevent an individual from sharing images without your consent.

If there is a Non-Molestation Order in place, you should also report to the Police that there may have been a breach of the Non-Molestation Order by the private material being shared without your consent.

What other support is available to me?

There are helplines and agencies available online that you can contact. For example, Revenge Porn Helpline. They also have an anonymous reporting service if do not feel able to give them your name or details.

Domestic abuse support services may also be able to assist you.