Revenge Porn

Being accused of committing an offence of revenge porn can be distressing, and can cause difficulties for the accused in their relationships and or employment. Sharing intimate photos or videos of an ex-partner can be done out of frustration, hurt and by accident. Our lawyers are experienced in dealing with cases of this nature, and getting to understand you, and your relationship with the complainant is priority when setting out to defend your case.


Instructing a lawyer at an early stage can increase your changes of avoiding a conviction. When the police arrest you on suspicion of this offence, and seize electronic devices from you for examination, this is the crucial time to seek legal advice.


Over the last 10 years the law has had to adapt to the increasing use of technology to commit criminal offences, particularly sexual offences.


In 2015 the Criminal Justice and Courts Act (CJCA) 2015 created the offence of 'revenge porn', this was repealed by the Online Safety Act 2023 which came into force on 31st January 2024 as new offences were created so the circumstances of such cases can be adequately dealt with.


However, those who committed the offence prior to 31st January 2024 would be charged under the 2015 act. We explain the law in relation to each below.

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What is Revenge Porn?


Typically revenge porn is the uploading or sharing of sexually explicit photographs or videos of a former partner to get some sort of 'revenge'.

The 2015 Act - The Old Law


Section 33 of the CJCA created the offences of disclosing or threatening to disclose private sexual photographs or films with the intent to cause distress. There are three elements that must be proven for a person to be guilty of the offence:


  1. They have disclosed or threatened to disclose a private sexual photograph or film;
  2. It was done with the intention to cause the individual in the in the imagery distress;
  3. It was disclosed without their consent


It is not enough for the complainant to say that they were distressed by the disclosure or threat, there must be some evidence to show it was the intention of the sender. Of course it would be a natural response to be distressed in such a situation, but the Crown cannot rely on this to obtain a successful conviction.

New Offences Created by the Online Safety Bill 2023


Sharing intimate photographs or films - section 66B (1) - (3) Sexual Offences Act 2003.

The offences of sharing intimate photographs/film are committed when an offender [A] intentionally shares a photo or film which shows, or appears to show, another person [B] in an intimate state, and: 


Defences to revenge porn offences


There are many defences to sexual offences such as revenge porn, the defence to this offence include:


  • Sending it to the person who appears in the image of film.


  • Where the sender believes it is necessary to disclose the image or film to assist law enforcement with an investigation, prevention or detection of crime.


  • Disclose a photo or video where the person disclosing reasonably believed that the publication was or would be in the public interest (a provision to protect journalists)


  • The disclosure of a photograph or video where the person disclosing reasonable believed that the image had already been disclosed for reward, and had no reason to believe that the disclosure for reward was made without the consent of the person depicted in the image. For example; pornography.

Will I Go To Prison For a Revenge Porn Offence?


The maximum sentence if convicted of a revenge porn offence is two years imprisonment, this does not mean that you will go to prison. The court have a sentencing range starting with a fine, and any sentence of two years or less can be suspended which means the defendant would not be sent to immediate custody.


The more severe sentence of custody is reserved for the more serious offences.


How We Can Help You?


At Eventum Legal we have a team of lawyers specialise in defending sexual offence allegations, including revenge porn. We can assist you at the investigation stage, court stage and appeal stage should you contact us following a conviction. Our lawyers will spend the time discussing your case and circumstances and prepare a strategy with the aim to achieving the best outcome for you. Speak to our lawyers today by calling our office on 0161 706 0602 or complete our enquiry form here.

With EventumLegal, you gain more than just legal representation; you gain a partner who is committed to protecting your rights, your reputation and your future.