Revenge Porn | Important Guidelines

What is Revenge Porn?

Revenge porn involves an act of uploading intimate and sexual images or videos of another without their 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”. 

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What is included?

  1. What is Revenge Porn?
  2. Sexual Images uploading in revenge porn
  3. New Sentencing Guidelines

Sexual Images uploading in revenge porn

The most important question often raised in the courts and discussed among legal practitioners that what is the criteria to label an image as a sexual image. There is some guidance to this effect, an image is sexual if it shows all or part of an individual’s exposed genitals or pubic area.

However, it is equally important to note that the 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 disclosure of sexual images and classified as revenge porn.

Revenge Porn
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 the act of uploading of the revenge porn or the age of the defendant at the time of the upload.

The new guidelines under judicial law 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 so.

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 to initiate the prohibited conduct under Judicial Review.

The offense of revenge porn is triable in both Magistrate and Crown Courts. It may result in 2 years’ custodial sentence where the preparator intended 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 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 revenge porn it is important that you must not share or forward it.

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