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17 May 2023

It is something that has become more common with the rise of social media and visual messaging; revenge porn.

Once seen as something that would never happen, this crime has seen a trend pointing towards its increase in the last 5 years, with more people coming forward and stating that they have been a victim of it. However, if you have been accused of committing it, what exactly do you do?

When you find that you have been accused of committing an act of revenge porn, you will need legal advice, and you should contact our sexual offence solicitor at ABV Solicitors. We have extensive knowledge of defending people in this area and will always aim to have minimal punishment imposed on our clients.

So, what are some of the most common queries that our sexual offence solicitor gets relating to revenge porn?

What is revenge porn under UK law?

Revenge porn is a criminal offence in the UK under the Criminal Justice and Courts Act 2015. Under UK law, revenge porn is defined as the sharing of private, sexual photographs or videos of a person without their consent, with the intention of causing distress or harm. The images or videos must depict the person in a state of undress or engaging in sexual activity and must have been shared or distributed without their consent. This includes cases where the images or videos were shared initially consensually, but are later shared without the person’s consent, as well as cases where the photos or videos were created or obtained without the person’s knowledge or consent. Revenge porn is a serious offence and can result in imprisonment, fines, and other penalties, so if you have been accused of it, you need to contact our sexual offence solicitor for advice as soon as possible.

What are possible defences against revenge porn?

Under UK law, there are several possible defences that can be used against a charge of revenge porn.

Consent

If the person whose images or videos were shared or distributed gave their permission for the sharing, this might be used as a defence. However, it’s important to note that consent must be freely given and informed and must not have been obtained through coercion or deception.

Public interest

In some cases, it may be argued that the sharing of the images or videos was in the public interest, such as in cases where the pictures or videos reveal illegal activity or expose a public figure’s wrongdoing.

Reasonable belief

If the person sharing the images or videos believed that the person depicted in them had consented to the sharing, this might be used as a defence. However, it’s important to note that this defence may be difficult to prove, as it requires the person sharing the images or videos to demonstrate that they took reasonable steps to ensure that the other person had given their consent.

Can you go to jail for revenge porn?

Yes, you can go to jail for revenge porn in the UK. Revenge porn is a criminal offence under the Criminal Justice and Courts Act 2015, and individuals found guilty of the crime can face imprisonment, fines, and other penalties. The maximum sentence for revenge porn is 2 years of imprisonment, but the actual sentence will depend on the specific circumstances of the case, such as the severity of the harm caused, the number of images or videos shared, and the intent of the perpetrator. It’s worth noting that revenge porn is a serious offence that can have lasting and significant consequences for the victim, and individuals found guilty of the violation may also face other penalties such as community service, probation, or a criminal record.