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Q834: What is revenge porn and is it illegal?


Answer

The offence of revenge porn occurs when a person publishes/ shares/ discloses a private sexual photograph or film, without the consent of the person who appears in the photograph or film, or threatens to do so, intending to cause that person distress. It is not enough that the person appearing in the photograph or film is distressed, as there must be an intention to cause that person distress, hence the offence being referred to as revenge porn. It is not an offence if the photograph or film is shown only to the person who appears in the photograph or film. It does not have to be published on the internet, it can be sent via text message or shown in person.

There are some defences to this offence -

  • That the material was disclosed as journalistic material and it was in the public interest to do so.
  • That the material had been previously disclosed for reward (for example, someone selling a sex tape of themselves to a newspaper) and that there was no reason to believe that the person appearing in the image or video had not consented to that disclosure.
  • That the disclosure was necessary to prevent, detect or investigate crime.

A person found guilty of this offence may face a fine or even imprisonment. If you believe that you have been the victim of revenge porn then contact your local police via their website, or by dialling 101. A victim of revenge porn can also get advice from the revenge porn helpline, see link in Related Information.

For circumstances that do not fit the above see Q697 for further information.

Related questions


Answer

The age of consent to engage in any form of sexual activity is 16 years old. The Sexual Offences Act 2003 creates offences in relation to rape and sexual activity with children under 13 and children under 16.

Where two children have a relationship with one another and engage in consensual sexual activity, an offence could potentially be made out. However, generally the police will not become involved in cases where the children are of a similar age, unless they become aware of evidence of exploitation, physical abuse etc which exists in the relationship. Action to deal with this situation is usually to provide education and support to the children concerned (for example a school nurse or their GP) may be able to help.

Please see the Crown Prosecution Service website and the other links in the Related Information for further information.

Should you have any concern that your child is being sexually abused by anyone (regardless of that person's age), you can contact your local police force by calling 101. They have a specially trained unit that will help you.


Answer

A child (anyone under 18 years of age) is deemed 'vulnerable' and is eligible for Special Measures to assist them to give their evidence in court. One such Special Measure, is the opportunity to have their interview video recorded. The interview takes place in a designated room and is recorded by an operator trained in the use of the video recording equipment. The purpose of recording the interview in this way, is, should the Court deem the video to be acceptable, it may then be produced as evidence-in-chief for the prosecution case (this is instead of the child having to attend court in person to answer questions).

The officer in the case will provide the details on the location of the interview, the rooms to be used and the persons to be present and of their roles. Interview supporters (for example parents or carers) may be present either in an adjacent room or in the interview room. Please be aware that in some instances, the officer may consider that the presence of a parent/carer is not necessary/required. One such example is when the parent/carer is also a witness in the case (perhaps being the first person the child has talked to). In such a case, the parent being present at the interview and hearing the full disclosure of the child could potentially be damaging to the case as a whole and therefore it is best that they do not attend. A further example may be where a child has told the officers that he/she did not wish for his parent/carer to be present.

In each case, ultimately it will be at the officer's discretion as to whether an interview supporter (parent/carer) is to be present at the interview. They will base this on all the circumstances of the case. If you have any queries in relation to the video interview procedure, the officer in the case should be able to assist.

For further information and support services, see the links in Related Information.


Answer

A disability should not prevent a person's ability to report a crime. Due to the variety of special needs/mental health issues that people experience, forces often provide specialist training for police officers.

When a case is reported involving an individual with special needs or mental health issues, every effort will be made to ensure that they are treated fairly and sensitively and the evidence that they offer is obtained in a manner that allows it to be used in future criminal proceedings. If, for example, communication aids are needed by an individual these will be provided to enable them to make their disclosure. Likewise, the force will endeavour to cater for any other specific needs.


Answer

Any person reporting historic sexual abuse to the police will be treated seriously The matter will be thoroughly investigated and historic offences could still result in the conviction of an offender.

The outcome of any such case could be difficult to predict and as such it is important that a victim under these circumstances keeps an open mind. The passage of time, means that evidence may have been lost, although corroboration of early reports, medical and social services records are examples of lines of enquiry that may be pursued. Once the suspect has been interviewed, the case papers will be assessed by the police and if there is sufficient evidence the case may be forwarded to the Crown Prosecution Service who will look at:

  • the legality of the case;
  • the public interest of commencing a prosecution;
  • the likely prospect of a conviction;

before they decide whether to take the matter forward. For further support please see the websites in Related Information.


Answer

Police take all reports of sexual attacks seriously.

You will first be spoken to by a uniformed officer who will ask you some general questions (you can ask to speak to an officer of a particular sex if that makes you feel more comfortable) and then you will be taken to a specialist suite where you will be spoken to by specially trained officers. The questions that these officers ask will be more in depth.

Do not worry if you feel embarrassed or ashamed, the officers are specially trained to help you. With your consent you will undergo a medical examination by a trained police medical examiner. An officer will be allocated to your case and will receive regular progress updates.

Contact your local police force

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Question

Q834: What is revenge porn and is it illegal?


Answer

The offence of revenge porn occurs when a person publishes/ shares/ discloses a private sexual photograph or film, without the consent of the person who appears in the photograph or film, or threatens to do so, intending to cause that person distress. It is not enough that the person appearing in the photograph or film is distressed, as there must be an intention to cause that person distress, hence the offence being referred to as revenge porn. It is not an offence if the photograph or film is shown only to the person who appears in the photograph or film. It does not have to be published on the internet, it can be sent via text message or shown in person.

There are some defences to this offence -

  • That the material was disclosed as journalistic material and it was in the public interest to do so.
  • That the material had been previously disclosed for reward (for example, someone selling a sex tape of themselves to a newspaper) and that there was no reason to believe that the person appearing in the image or video had not consented to that disclosure.
  • That the disclosure was necessary to prevent, detect or investigate crime.

A person found guilty of this offence may face a fine or even imprisonment. If you believe that you have been the victim of revenge porn then contact your local police via their website, or by dialling 101. A victim of revenge porn can also get advice from the revenge porn helpline, see link in Related Information.

For circumstances that do not fit the above see Q697 for further information.


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