Domestic abuse and revenge porn

There is a growing recognition that domestic abuse can extend far beyond purely physical violence, and that a wide range of behaviour (or combination of behaviours) can amount to abuse. This may include abuse which is verbal, sexual, financial, emotional, or controlling and coercive.

One result of this recognition is the creation and implementation of new legislation and protective remedies for victims of abuse. This blog focuses on one particular area of domestic abuse, in the form of ‘Revenge Porn’, and what remedies may be available for a victims in the context of Family Law, as well as through the criminal justice system.

What is revenge porn?

In legislation this is considered to be the sharing of private, sexual materials, either photos or videos, of another person without their consent and with the purpose of causing embarrassment or distress.

Sexual material not only covers images that show the genitals, but also anything that a reasonable person would consider to be sexual.  So this could be a picture of someone who is engaged in sexual behaviour or posing in a sexually provocative way.

‘Revenge Porn’ could occur when photos or videos are taken without the victim’s knowledge and then shared with others. Another common example is when these materials are created consensually, but shared afterwards without consent, usually following the breakdown of a relationship.

The images or video can often be accompanied by other personal information such as the victim’s name, address, or social media profiles. It would be most common for this content to be shared electronically or uploaded online, but it could also include the sharing of physical images or sharing by text, WhatsApp, Facebook Messenger, Email, or other messaging platform.

For the victims of Revenge Porn, there are remedies in the criminal justice system available to discourage and punish those who commit these offences. Since 2015, there has been an existing offence regarding the disclosure of private sexual photographs and films, without consent, with intent to cause that individual distress. This offence is subject to a maximum penalty of two years’ imprisonment, a fine, or both.

New legislation introduced in November 2022 has now created a separate offence to threaten disclosure of such material, and it should be noted that the prosecution would not have to prove the existence of sexual material, only that the perpetrator threated to disclose such material. This behaviour will also be subject to the existing maximum penalty of two years’ imprisonment, a fine, or both.

It is apparent that many of these issues and remedies arise in the context of criminal law and therefore the police should be contacted in the first instance if someone believes they are a victim of Revenge Porn.

Family Law

There are also circumstances where these issues would overlap in the context of relationship or family disputes. For example, it may be that an ex-partner or estranged spouse has sexual material from throughout the relationship and the potential victim may be keen to have these materials destroyed or returned. It could also be that a former partner has already threated, or disclosed, these materials.

Therefore, concurrent with any criminal investigation, the victim can also seek the help of the Family Court which has various remedies to protect the victims of abuse.

In the first instance, a family lawyer may be able to assist someone to acquire a protective injunction, such as a Non-Molestation Order. This is a Court Order which aims to prevent a partner or former partner from harming a person or their children. Harm is not limited to physical abuse and can include other types of harm, such as sexual or psychological, and may also assist in dealing with potential revenge porn scenarios.

Non-Molestation Orders can be used to prevent someone from behaving in a certain way, such as not communicating with or threating the applicant. It is commonplace that a Non-Molestation Order would include a provision that the respondent is prohibited from posting on social media about the applicant, or publishing any information about them. This provision would be the most appropriate way to protect a victim of revenge porn.

Breach of a Non-Molestation Order is an arrestable offence in its own right and the offender is likely to be arrested by the police and could be subject to imprisonment for a period of up to five years.

Once immediate protection has been attained, a family lawyer can also help with other issues regarding a relationship, including; divorce and separation, or obtaining an occupation order which regulates occupation of the family home.

If you know anyone would like advice about Domestic Abuse or family issues, please contact our Family Team by calling 01206 700113 or contact us.