Revenge porn is the disclosure (or threat of disclosure) of private sexual photograph or films.
Revenge porn was made a specific offence in the Criminal Justice and Courts Act 2015: Section 33(1) states: It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made:
- (a) without the consent of an individual who appears in the photograph or film, and
- (b) with the intention of causing that individual distress.
The Act specifies that if you are accused of revenge porn and found guilty of the criminal offence, you could be prosecuted and face a sentence of up to two years in prison.
Distribution refers to any form of sharing, whether online via social media or websites or offline via physical copies, and the material can either show a sexual activity or a person depicted in a sexual way or with their genitals exposed. The images are sometimes accompanied by personal information about the subject, including their full name, address and links to their social media profiles.
The revenge porn law covers the sharing of this explicit media both online and offline. This includes, for example:
- Anything posted on social networking sites such as Facebook
- Messages shared via text or messaging apps such as WhatsApp
- Images and videos shared via email
- Images and videos published on a website
- The distribution of physical copies such as photographs, discs or tapes
- Under the law, the definition of ‘private’ is any material that would not normally be viewed by the public. ‘Sexual’ refers to images or videos that expose the genitals or that contain content that a reasonable individual would consider as sexual.
Revenge porn legislation in England does not require that the explicit material in question contains both images of a person engaged in a sexual activity and a state of full or partial nudity. The victim could be fully clothed and taking part in a sexual activity and the sharing of this material would still qualify as a criminal offence.
The act criminalises sharing private, sexual images or films containing scenes that would not usually be seen in public. Under the current law, the definition of ‘private’ is any material that would not ordinarily be viewed by the public. At the same time, ‘sexual’ refers to images or videos that expose a person’s genitals or include content that a reasonable individual would consider to be sexual.
It’s important to understand that legislation does not require the material in question to contain images of a person engaged in sexual activity and a state of full or partial nudity. If a victim was fully clothed and taking part in a sexual activity, this would still qualify as a criminal offence.
What are the consequences of revenge porn?
For most victims of revenge porn, it can be a painful and distressing experience, causing:
- Anxiety
- Depression
- Loneliness
- Post-traumatic stress disorder (PTSD)
- Difficulties in personal relationships
- Loss of employment
- Difficulty in finding employment