Common questions about revenge porn
Sharing intimate images or videos without consent first became a specific criminal offence (revenge porn) in 2015, under section 33 of the Criminal Justice and Courts Act 2015. On 31 January 2024 that offence was repealed and replaced by section 66B of the Sexual Offences Act 2003, inserted by the Online Safety Act 2023, which is wider and easier to prove.
What is the maximum sentence for revenge porn
What is the defence to a charge of posting revenge porn
How does revenge porn affect the victim
What if you consented to posting of images and then changed your mind
What if your consent to posting images and videos was influenced by drugs or alcohol
How can you remove intimate videos and images quickly
What is the maximum sentence for revenge porn
Sharing an intimate image or film of someone without their consent, when you do not reasonably believe they consent, is an offence under section 66B(1) of the Sexual Offences Act 2003. It is tried in the magistrates' court and can lead to a prison sentence, a fine or both. Where the image is shared to cause alarm, distress or humiliation, or for sexual gratification, or where someone threatens to share it, the maximum sentence is two years' imprisonment (section 66B(2) to (4) and (10)).
What is the defence to a charge of posting revenge porn
The revenge porn law goes some way to combat the issue of harassment through the publication of private material on the internet. However, it might not give sufficient protection to victims as yet.
The 2015 law only applied where the person meant to cause distress, which defendants sometimes disputed. The current basic offence does not need that intention: it is enough that the image was shared without consent and the person did not reasonably believe you consented. "Intimate" is also wider than it was. Under section 66D it covers sexual activity, nudity, and images showing someone in underwear only or through transparent clothing.
Images that have been altered or made with computer software, such as a naked body carrying your face, are now covered too, provided the image appears to be a photograph or film (section 66A(5), applied by section 66D(4)). The harm is just as real, and our harassment solicitors can act to have the images removed.
How does revenge porn affect the victim
If you are a victim of revenge porn, you may feel continually scared and afraid that your family, friends, co-workers and employers will see the images and wonder how you can get help with removing pornographic content, considering its escalating nature on the internet.
You may be losing sleep because of this and so, your cognitive thoughts are affected and thus, everything around you is affected in some way: Driving, working, doing everyday activities may become difficult and a big issue for you.
The mental health consequences include anxiety, depression, suicidal thoughts and sometimes post-traumatic stress disorder (PTSD). There can be economic and professional consequences for victims of Non-Consensual Publication of Images and videos, including lost jobs (due to stress and due to having images found by employers and colleagues), fewer professional connections, and colleagues who tease, avoid or shame you. It can also be difficult finding new employment. Unquestionably, in many cases the costs to victims are extremely serious, long-lasting and devastating.
What if you consented to posting of images and then changed your mind
Even if you had consented to a sex video or posed for images of a sexual nature, it does not mean that you cannot change your mind. Revenge porn law does not address this issue directly but from other similar laws, it can be inferred that a person can withdraw consent, which means that the poster of the images of video has to take the posts down. You can also get help in removing pornographic content off the internet. You may have participated voluntarily or believed that they were just private images between you and somebody else or you may have been paid for them. You may feel that you wouldn't stand a chance to have your videos and images removed offline, or stop the producer or person that you gave them to, from posting the videos but that isn't the case. Cohen Davis have strategies that we commonly employ to remove pornographic content off the internet and obtain injunctions to stop the person in possession of your image and video containing you from uploading them further online.
What if your consent to posting images and videos was influenced by drugs or alcohol
Consent must be informed, which means that you have to be in the right frame of mind to be able to give it. Often, people who had intimate images in videos of them posted online had been acting under coercion. Being under controlled or coercive behaviour often means that any consent you have given to violation of your privacy is likely to be invalid.
We have had cases where people have been actors in sex videos and signed a consent order whilst being plied with drugs and alcohol, so in essence, they signed the consent order under the influence. We would argue that you were not coherent to sign the consent order. Under English law, a person who is intoxicated or who is under the influence of drugs, or who is under threats of violence, is not capable of giving consent to sexual intercourse.
A client of ours was on the brink of suicide after appearing in a sex video (which he immediately regretted) when he was at a desperately low time in his life and the producer ignored his pleas for not sharing it online. He, in fact, shared it to many lucrative pornographic sites and sent hundreds of links to it. We were successful in removing pornographic content and all traces of the sex video and tracked the producer down, resulting in him returning the video and copyright back to him and also secured him £20k in compensation. No amount of money can remove the memories or stress that our client endured but hitting the producer financially may have made him feel a little less invincible. Especially since he thought he was hiding well behind the internet.
How can you remove intimate videos and images quickly
Removing pornographic content, which you performed for and agreed to appear, coherently or not coherently, as well as somebody just stealing your image and using it to spread sexually natured content across the internet, is what Cohen Davis has helped many of its clients with.
Our Revenge Porn Solicitors deal with copyright buybacks, stage name trademark acquisitions, privacy notices, harassment notices, data protection notices and more. Cohen Davis can track the person(s) sharing your videos and images down, hold them accountable, gain injunctions for you and we may attain damages for you and have your legal fees paid.
Call Revenge Porn Solicitors: Cohen Davis today - 0800 612 7211. We can act rapidly on the removing pornographic content about you.