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Revenge porn is now an offence under the Criminal Justice and Courts Act 2015.
Revenge porn is the sharing of private, sexual photos or videos of another person without their consent and with the purpose of causing them embarrassment of distress.
The offence covers online and offline sharing and can include sharing materials via social media or text messages, or showing someone a physical photograph or video.
The materials must show content that would not usually be seen in public, and can include sexual behaviour or sexually explicit posing.
Prior to the introduction of a specific law to tackle revenge porn, it was possible to prosecute these actions via already existing laws, and it is expected that prosecution under other acts will continue in certain cases. For example, where revenge porn acts are committed to pressure a person into further sexual activity, it is likely that further offences under the Sexual Offences Act 2003 will also be considered.
If you are convicted of revenge porn, you could face an immediate prison sentence of up to 2 years.
Available defences if you are charged with revenge porn include:
- Reasonable belief that the sharing was necessary to prevent or investigate crime
- Sharing was done as a journalistic endeavour that was in the public interest
- Reasonable belief that the materials had been shared for reward and with the consent of the individual in the materials
All elements of the offence must be proven, meaning that it must be satisfied that the defendant (i) disclosed a (ii) private sexual photograph or film (iii) without the consent of the individual appearing in the photograph or film and (iv) with the intention of causing that individual distress.
Director of public prosecutions, Alison Saunders, confirmed that since the new law came into force, police are seeing an increase in the number of reports made to them of revenge porn.
If you are being investigated in relation to revenge porn or any other sexual offences,
current or historic, contact our expert team now on
0800 1933 999.