Revenge Porn and strict new sentencing guideline

Revenge Porn and strict new sentencing guideline

Revenge porn involves an act of uploading intimate and sexual images or videos without consent. It generally involves non-consensual disclosure of sexual images. The disclosure of such images is not a new phenomenon and often it is the aggrieved ex-partner or boyfriend who is generally found to be the perpetrator. 

Sexual Images

An image is sexual in nature if it shows all or part of an individual’s exposed genitals or pubic area. Image is also considered sexual for the purpose of revenge porn if the reasonable person will consider it so due to the nature or contents of the image. The images and videos of a woman performing an intimate sex act including oral sex and sending a photograph of a woman’s breasts to another man are deemed as a disclosure of sexual images and classified as revenge porn.

New Sentencing Guidelines

The new sentencing guideline will apply to anyone over the age of 18 and who are sentenced on or after 1 October 2018. It is important to note that it is the date of the sentence which will matter rather the actual date of upload of the revenge porn or the age of the defendant at the time of the upload.

The new guidelines stress that those who repeatedly post explicit material after it has already been taken offline are likely to receive the most severe sentences after a consultation showed a trend of some offenders doing this.

Those who set up fake social media accounts to embarrass, cause maximum distress and invite comments and contact, which could result in abuse and sexualised contact from strangers, will also face severe punishments, as they show “significant planning” and intention from the offender.

The offence of revenge porn is triable in both Magistrate and Crown Courts. It may result in 2 years’ custodial sentence where the intention of the preparator was to inflict maximum distress and humiliation. The other factors in awarding maximum punishment are following

  • Uploaded images or video go viral or circulated publically
  • Perpetrator planned well ahead and kept images available for viewing
  • The upload caused very serious distress to the victim including psychological harm and has a considerable practical impact on the victim

It is important to note that the person who shares or re-tweets such an image or film will likely to be held just as liable as the original publisher. If you come across a revenge porn it is vital that you must not share or forward it.

If you are affected by the issues raised in this article, contact our experienced criminal lawyers for reliable and high-value legal advice. Please visit www.legalally.co.uk

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