Figures released today show that more than 200 people have now been prosecuted since April 2015 when changes were made in the way that sexual offences are prosecuted.
In April 2015 it became a criminal offence to share private sexual photographs or films without the subjects consent. The classic situation involves a spurned boyfriend who posts intimate pictures of his ex girlfriend on Facebook.
What does surprise me as a lawyer specialising in this area of work is that more people have not yet come forward to bring civil actions as a result of revenge pornography.
Shortly after the criminal law was changed there were cases clarifying the position in relation to civil law and in particular damages claims. If you are the victim of revenge pornography you now have a strong claim against your former partner for damages. You do not need to show that you have suffered any injury as a result of their actions and simply need to show that you were distressed by your private image being shared. Significant damages can be awarded in this type of case.
This type of claim will not only cover revenge pornography but will also cover any incident where an image is shared without the owner’s consent resulting in distress. Other examples include indecent images of children being shared on paedophile websites and “voyeur” pictures taken without the knowledge or consent of the subject.
The figures produced today do seem to suggest that more people are coming forward to report this crime and it will be interesting to see whether there is a similar increase in the number of enquiries we receive from the victims of revenge pornography who are looking to bring damages claims.
If you have been the victim of revenge pornography or would like to discuss anything arising from this further please do not hesitate to contact one of our specialist revenge pornography solicitors on 0845 287 0939 or complete an online enquiry form.