‘Revenge Porn’, which the government defines as ‘the distribution of a private sexual image of someone without their consent and with the intention of causing them distress’ has been criminalised in the Criminal Justice and Courts Bill. The crime will have a maximum sentence of two years in prison.
It has been possible for previous cases of revenge porn in the UK to be prosecuted through either the Malicious Communications Act, the Protection from Harassment Act and copyright law, however, this has meant prosecution has existed in a grey area. The new law will ensure that cases of revenge porn are able to prosecuted properly and efficiently.
Any method of distribution, whether digital or physical, will constitute an offence. This includes all common methods such as sharing images over social media or by text message and email. There have been 149 allegations in England and Wales during the last two and a half years, according to data recorded by eight police forces.
The Justice Secretary, Chris Grayling, said:
“The fact that there are individuals who are cruelly distributing intimate pictures of their former partners without their consent is almost beyond belief. We want those who fall victim to this type of disgusting behaviour to know that we are on their side and will do everything we can to bring offenders to justice. That is why we will change the law and make it absolutely clear to those who act in this way that they could face prison.”
The consequences of revenge porn have proved very real, with reported cases of it being used as blackmail, forcing victims out of their jobs or homes, causing severe emotional damage and even, in some instances, being driven to take their own lives. A government statement announcing the law also pointed out cases of revenge porn can often involve sexual assault as well that would be prosecuted alongside the new charge.
Laura Higgins, of the UK Safer Internet Centre, has also urged the government to go further and tackle host websites that publish revenge porn material. The last few years has seen the problem of tackling this crime increasingly visible, with police officers uncertain about how to deal with such cases and the legality surrounding the issue unclear and confused. It is hoped that this new legislation will make the legal position very clear, help validate the suffering inflicted on victims and encourage them to come forward and report the crime.
