Sharing images of another person in a sexually explicit state is a crime. It is commonly known as ‘revenge porn’. This offence has become more common in line with the growth of digital home-recording of sexual acts.

It is known as ‘revenge porn’ because these uploads are often made after a relationship ends, where one party wishes to embarrass or shame the other in revenge.

Sharing these images is an offence which can carry a term of imprisonment.

What is ‘revenge porn’ in the criminal law?

The key to ‘revenge porn’ is the sharing of intimate images without consent and whether those images were shared to cause alarm or distress. The law therefore breaks down the act into separate offences, listed here in ascending order of gravity:

1. Intentionally sharing intimate images without consent (or reasonable belief in consent)
2. Intentionally sharing intimate images with intent to cause alarm or distress
3. Intentionally sharing intimate images for sexual gratification

The offence covers ‘deepfake’ or AI created images if they resemble another real person.

Any ‘revenge’ element in the sharing of an intimate image will trigger the charging of a more serious offence. The offence does not have to be digital – printed photographs, if shared, trigger criminal liability too.

What does ‘intimate’ mean?

Any image containing nude, partially nude, sexual or toileting behaviour will be classed as intimate.

What if I have shared images I did not know were intimate?

Sometimes, individuals share data without knowing its contents. For example, sharing USB data sticks or phones with photographs saved within. If there are intimate images saved to the device or repository, then the images are considered ‘shared’. However, without intention to share the images, the offence is not triggered.

Sharing intimate images of children is a separate and more serious offence.

I have been accused of a sexual offence, what do I do?

If you have been accused of a sexual offence, you will likely be extremely worried. Do not panic. With careful negotiation and written representations, cases can be dropped, or diverted from prosecution, even before they are formally charged. This is known as ‘proactive defence’, which is especially useful in sex cases where evidence can be thin.

In cases of alleged revenge porn, do not attempt to cover up or delete evidence as this can lead to separate criminal offences.

In sexual offence matters, instructing legal representation at an early stage is critical to the overall  defence. If you are arrested and taken to a police station or invited to an interview, you are entitled to free legal advice. Our specialist sexual offences team has an excellent reputation built upon a history of successful outcomes for our clients. At the police station, ask for ABV Solicitors. We will allocate you a specialist sexual offence solicitor with experience in the area.

If your case is already under way, it is not too late to instruct us. Call ABV Solicitors on 0344 587 9996 to speak to one of our expert lawyers. We have the knowledge and experience to help.