Revenge porn and the law
We are receiving a growing number of enquiries about revenge porn legal action.
With social media on the rise, it is not surprising that more and more revenge porn claims are coming to light. Revenge porn involves the sharing of private, explicit, and intimate videos or photographs online with the intent to cause distress. This includes sharing content on social media, uploading content to an online website, sending content by email or text message or simply showing another person the content on their mobile device.
The majority of these cases are fuelled by jealous or rejected partners who post unauthorised content online to cause distress to a past lover or ex-partner.
Is revenge porn a criminal offence?
It is a criminal offence to disclose ‘private sexual photographs or films without the consent of an individual who appears in them and with intent to cause that individual distress’ in accordance with Section 33 of the Criminal Justice and Courts Act 2015.
Further, it is not unusual for the person responsible to start engaging with the victim after publishing the content by either blackmailing them or harassing them with a view to cause them further distress.
Can I take revenge porn legal action?
There are a number of options that victims have for taking revenge porn legal action:
- Victims often feel ashamed and embarrassed and subsequently find it difficult to discuss what has happened. Nevertheless, revenge porn is a crime and therefore it would always be advisable to report the matter to the police as soon as possible. The police may be able to co-operate with the owners of the website where the content has been posted to determine whether it may be removed from their site.
- Victims may be able to make a compensation claim against the individual who posted the content online. Before doing so it is important to be satisfied that the individual concerned has sufficient financial resources to meet any compensation award that is made.
- It may be possible to make a claim to the Criminal Injuries Compensation Authority. The CICA is a government funded body which awards compensation to victims of violent crimes. In order to satisfy the criteria for an award, a victim must suffer a disabling mental injury that is diagnosed by either a clinical psychologist or psychiatrist.
- Finally, it may be possible to pursue a claim against the website or social media platform who published the content.
What would prevent me from having a revenge porn claim?
There is a time limit on all personal injury claims involving sexual abuse. Generally, this is three years from the date of the specific incident. However, if a victim has suffered psychological distress following the incident which made it impossible for them to pursue a claim within this three-year time frame, a judge may be able to exercise their discretion to extend the time limit. A judge will consider the reasons for delay and ultimately conclude whether a fair trial remains possible.
How much compensation can I claim?
All claims are assessed on a case by case basis.
Victims of revenge porn often suffer psychological injury as a direct result of the content being posted online. Compensation for psychological injury is calculated by considering the extent of the injuries, the degree of ‘pain and suffering’ caused and the period of any medical treatment required.
In addition, it may also be possible to make a claim for recovery of financial losses. This can include loss of earnings, private medical treatment and the cost of removing the content from the website or platform.
No Win – No Fee
We specialise in sexual abuse compensation claims and can often work on a no win, no fee basis.
To find out if you can take revenge porn legal action and discover whether you are entitled to compensation, contact our free confidential legal helpline by calling freephone 0333 888 0408 or emailing us at info@sbclaims.co.uk
