Revenge Porn Solicitor

Being investigated by the police or facing criminal prosecution for revenge porn can be immensely stressful and negatively impact your personal and professional reputation. As one of the UK’s most highly-regarded, successful and busy criminal and regulatory law firms, our Solicitors have a wealth of experience in defending revenge porn allegations in Court and protecting your interests at the pre-charge stage. The Legal 500 describes us as:

“A seriously professional and well respected outfit which has maintained a bespoke service at all levels and provides exceptional quality notwithstanding its recent expansion. Proper players in crime across the country.”

Reeds Solicitors has an extensive and distinguished national and international reputation in defending all matters concerning sexual offences. Our Sexual Offences Solicitors have the required skill set and experience, not only in terms of case preparation and presentation but also in terms of client care, to secure an acquittal, or have charges dropped before your court date. By instructing us, you can be confident that you have access to solid support, expert legal knowledge, and unmatched advice and representation, provided at every stage of the proceedings. We make it as easy as we can for you to talk openly and freely about difficult subject-matters, listening without judgement and letting you know what to expect, when to expect it, and advising how best to approach it.

Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please contact us through our contact page here. Alternatively you can phone 0333 240 7373, or email us at info@reeds.co.uk.

What is revenge porn?

Revenge porn is the common term for maliciously sharing private, sexual images or videos, with the intention of causing the other person distress. Examples of revenge porn include sharing a private sex tape on the internet or uploading nude pictures of another person engaging in a sexual act.

What is the law around revenge porn?

The Criminal Justice and Courts Act 2015 (CJCA 2015), section 33 criminalises the disclosure of private sexual photographs and films. The section does not use the words ‘revenge porn, however, it is clear that Parliament was intending to control such activity when drafting the legislation.

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.

What does the Prosecution have to prove to gain a conviction for revenge porn?

If your case proceeds to Court, the Prosecution must show that they disclosed the images or video without consent. Consent is not specifically defined, although section 33(7)(a) states that “consent … includes general consent covering the disclosure, as well as consent to the particular disclosure”. This means that the person people featured in the images or video must consent to the material being shared as well as the particular method or platform on which that sharing occurs.

Threatening to share private, sexual material may also qualify as a separate criminal offence.

How is intention of causing distress defined?

To commit an offence, you must have intended to cause the subject of the images or video distress. Merely showing people the material because you thought doing so would be amusing will not constitute an offence under section 33 of the CJCA 2015.

What are the statutory defences for revenge porn accusations?

There are several defences available if you have been charged with an offence under section 33(1), namely:

• Section 33(2) – it is not an offence to disclose the photograph or film to the individual who appears in the material.
• Section 33(3) – provides a defence if you reasonably believed that disclosing the photograph or film was necessary for the investigation, prevention, or detection of crime.
• Section 33(4) – states that a defence is available if you disclosed the material in the course of or with a view to the publication of journalistic material so long as you reasonably believed that the publication in question was or would be in the public interest. This defence is normally used by a member of the press and/or their sources and is aimed at ensuring journalistic freedom remains unfettered.
• Section 33(5) – you will have a defence if you reasonably believed that photographs or film were previously disclosed for reward (for example, payment for appearing in a pornographic movie) and had no reason to believe that the subject of the material had not consented to it being viewed or published.
• Section 33(8) – the fact that distress is a “natural and probable” consequence of sharing the material will not be enough to qualify as intention to cause distress.

How we can help you

We can provide expert advice and representation from the beginning of your case. If you have been arrested or asked to attend an interview under caution, you have the legal right to have a Criminal Defence Solicitor at your side.

At the Police Station we will explain the situation, the evidence, provide you with legal advice and assist you in the interview. After your interview we can assist in tenaciously investigating your case and do everything possible to have the charges or police interest in you dropped before your court date. If a criminal trial proves inevitable, we will advise you on entering your plea. Your case will be meticulously prepared by solicitor and if required, we can instruct the best Sexual Offences Barristers and King’s Council to represent you.

Our Sexual Offences Solicitors have the expertise and experience to assist you with defending charges related to revenge porn allegations. Please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.