“Revenge Porn” & Image Based Sexual Abuse

Our solicitors are experienced in acting for victims of abuse. We can offer a multi-disciplinary approach combining the expertise of our Human Rights and Commercial Litigation departments. We have previously obtained successful outcomes in “revenge porn” cases involving harassment, intimidation, and blackmail.

You are not alone

In recent years, there has been a considerable increase in the number of people affected by what is commonly referred to as “revenge porn”, although a more accurate term is Image-Based Sexual Abuse (IBSA).

This is sadly a more common problem than many people realise; if you are a victim, it is important to understand that you are not alone and there may be action you can take to regain some control and limit the damage.

We understand that sexually explicit pictures or video can be obtained in several ways, including:

• Being sent to a partner, lover, or another, (with the original intention that they remained private). In that context, the sharing of that material may have been voluntary and consensual, in the context of a relationship, for example; or
• There may have been exploitation, harassment, or other pressure applied to secure the sending of the pictures or video against a victim’s will; or
• In some cases, the material may be obtained as the result of a cloud-based account hack.

However the images originated, when explicit and intimate material is shared more widely than originally intended and consented to, it has devastating consequences for the victim.

Everyone has the right to control how their personal information is shared – and the fact that you have shared intimate/sexually explicit material of yourself with another does not automatically mean you have consented to those images being shared publicly.

Abuse and Violence

It is important to consider these actions often occur in a wider context of sexual abuse and/or domestic violence; they should be considered serious sexual offences.

Our specialist solicitors have the expertise to represent victims of this type of abuse.

Previous Cases

The previous cases in which our solicitors have acted include:

• Securing the takedown of explicit images of a thirteen-year-old girl from an account on Twitter (acting on behalf of her parents).

• Obtaining the destruction of, and legal undertakings not to distribute further, explicit images of a student (taken while she was sleeping), which were the object of threats made following the end of a romantic relationship.

• Obtaining evidence in a civil case against, and assisting the police in the criminal prosecution of, a former personal trainer who pursued a course of harassment and stalking against an ex-girlfriend in the UK and the US.

The Law

Image-based sexual abuse gives rise to several offences, both criminal and civil:

• Criminal Offences (Adults)

s.33 of the Criminal Justice and Courts Act 2015 makes it a criminal offence to share a private sexual photograph or film if the disclosure is made without consent and with the intention of causing distress.

Unfortunately a prosecution under this provision of the Act is not always straightforward, as there are legal loopholes which mean that charges may not be brought.

There has also been a prevailing attitude in some quarters of the police that a victim has somehow “brought it on themselves” by taking the pictures/video in the first place. This is wrong and it is important that any decisions made on that basis are challenged.  We have considerable expertise and experience in using the Victims Right to Review (VRR) scheme as well as judicial reviews on behalf of victims of sexual offences who want to ensure perpetrators of abuse are prosecuted in the criminal courts.

• Criminal Offences (Children)

In the context of explicit material, if the victim (subject) is under 18 years of age, then the law considers this to be a much more serious offence: the possession of indecent images of children under s.1 of the Protection of Children Act 1978.

• Civil claims
  • Action against: Websites and Social Media

    Until relatively recently, many pornographic websites enthusiastically hosted explicit images and videos of so-called ‘ex-girlfriend porn’, constituting clear image based sexual abuse, with impunity. It has only been in recent times that there has been an acknowledgement by such sites of the nature of its illegality and the harm it causes. Efforts to remove such material still normally require a report being lodged by the victim.

    We understand that when a victim becomes aware of their private images/video being in the public arena, the priority is to have the material taken down from public view. This can be done by filing a ‘notice and takedown’ notification with the website or social media platform hosting the material, the legal basis being that:

    • there has been a breach of the website/platform’s terms of business (not to share non-consensual content and a potential breach of copyright);
    • a breach of personal data;
    • breach of privacy; and
    • the uploading and sharing of the content constitutes a criminal offence (under section 33 of the Criminal Justice and Courts Act 2015).

    If the material is not voluntarily taken down by the website/platform, it may then be necessary to seek an injunction from the court to have the material removed.

  • Action against: The Perpetrator

    If the perpetrator of the abuse is not readily identifiable, it may be possible to obtain an Order from the court, for disclosure of the relevant IP address originating the posting of the material and to identify the criminal from that information.

    If the perpetrator is identified, then they can be contacted, to demand the destruction of the material, its takedown from wherever it may be hosted and to provide a legally enforceable undertaking not to distribute the material again. It is often also possible to demand damages in that situation.

    An action against the perpetrator may be based on (as appropriate):

    • Sending a communication with intent to cause distress or anxiety (contrary to the Malicious Communications Act 1988);
    • Harassment (contrary to the Protection from Harassment Act 1997);
    • Stalking (contrary to the Protection from Harassment Act 1997 as amended by the Protection of Freedoms Act 2012);
    • Unauthorised computer access (contrary to the Computer Misuse Act 1990);
    • Breach of the Data Protection Act/GDPR as to misuse of personal data;
    • Misuse of Private Information/Breach of Confidence; and
    • Blackmail (contrary to the Theft Act 1968).

We wish to make it clear that each case turns on its facts, and not every action we set out above will be appropriate, or indeed effective for every case.

Therefore it is important to consider each case in detail, and to form an effective bespoke strategy at the outset, and not lose any time in acting (time is of the essence).

Depending on your circumstances and what type of action needs to be brought legal aid may be available, and we are experts in obtaining public funding for clients in unusual circumstances.

We Can Help

Our solicitors are well versed in this serious and complex area of law; they act quickly and decisively when taking action.

If you are affected by the issues raised on this page, and wish to discuss your legal position in confidence, please contact our expert without delay:

• Jag Bahra, Human Rights Solicitor ([email protected])