Revenge Porn Charges

Our expertise with revenge porn offences

We are highly experienced in representing clients accused of all types of sexual offences, with specific experience handling revenge porn cases. We know how challenging it is to face allegations of this nature, but our criminal defence team can offer the clear legal expertise and sympathetic personal support you need to secure the best available outcome for you.

Our team are highly skilled in dealing with digital evidence, including mobile phone and app data as well as evidence from social media. A strong understanding of this type of evidence is vital for revenge porn cases and helps to ensure no detail or possible angle of defence is overlooked.

We have strong working relationships with many of the country’s leading criminal defence barristers specialising in sexual offence cases, including for revenge porn offences. We can therefore ensure that you have the best possible representative if your case goes for trial.

What to do if you are accused of a revenge porn offence

If you are arrested on suspicion of committing a revenge porn offence, it is essential to know your legal rights so you can make sure you do not say or do anything to unintentionally harm your defence.

During a police interview in connection to a revenge porn offence, please keep in mind the following key facts:

1. You do not have to answer any questions asked by the police.
2. You should never answer any police questions without a solicitor present.
3. You have the right to free legal representation.
4. You can use the duty solicitor available or choose your own lawyer.

When arrested on suspicion of a revenge porn offence, the arresting officers must tell you the specific offence you are accused of committing and they must caution you by using the words:

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Following a police interview for a revenge porn offence, one of the following will occur:

• You are released with no further action
• You are released under investigation
• You are charged with a specific child sexual offence

If you are charged with a revenge porn offence:

• A date will be set for a court hearing
• You will either:
  • Be released on bail
  • Kept in custody until your court appearance

Please be aware, if you are released with no further action or under investigation, you can be rearrested or summonsed to attend court at a later date.

What is a revenge porn offence?

A new offence of ‘Disclosing Private Sexual Images’ was created under the Criminal Justice and Courts Act 2015 and is commonly referred to as ‘revenge porn’.

The offence involves the offender taking private photographs or video of the victim and uploading them to the internet for the purposes of humiliating the victim. This might involve placing the images on social media, porn sites or private groups online.

Penalties for revenge porn offences

There is a maximum potential sentence of up to 2 years’ imprisonment on conviction for a revenge porn offence.

The actual sentence on conviction for disclosing private sexual images will depend on the level of harm caused and the degree of culpability of the offender.

Factors that will be considered when deciding the degree of harm to the victim include:

• The level of distress caused
• The amount of psychological harm
• The practical impact of the offence

Factors that will affect the degree of culpability the offender is considered to have include:

• The amount of planning involved
• How widely the images were distributed
• Whether there were repeated efforts to keep the images available publicly
• Whether the offender acted in a way to maximise the victim’s distress or humiliation

If you are convicted of a revenge porn offence, you will also be required to register as a sex offender, which is likely to affect your future employment and personal relationships.

What defence is there against revenge porn accusations?

There can be various potential defences against accusations of disclosing private sexual images depending on the circumstances.

If you were not the source of the images, it may be possible to show this by identifying another likely source e.g. if your phone or the alleged victim’s phone or other digital device were hacked.

It is a defence for a person charged with an offence under this section to prove that he or she reasonably believed that the disclosure was necessary for the purposes of preventing, detecting or investigating crime.

If you were the source of the images, it can be possible to argue that the victim suffered lesser harm or that you have reduced culpability. For example, it may be possible to show that the decision to release the images was spontaneous and not pre-planned, or that you only shared the images in a limited way and others were responsible for sharing them more widely.

Contact our revenge porn offences defence lawyers today

For a free initial consultation, urgent specialist advice, immediate representation or to speak to us confidentially about allegations of committing a revenge porn offence at any time in the past, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for revenge porn allegations

Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with allegations of a revenge porn offence, or any other type of sexual offence.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number: 07836 577 556.