Crime Solicitors

Under the Criminal Justice and Courts Bill, revenge porn is set to become a criminal offence in England and Wales once the Bill receives Royal Assent.

The law will ban uploading indecent images of others to the Internet, including social media networks, and text messages with images attached.

Revenge porn usually involves former partners who have separated – with one partner who has explicit images of the other publishing them online to embarrass or humiliate their former lover.

Explicit images can also be used to blackmail former partners or friends who may have sent an explicit image of themselves to a friend in private, unaware that it might be circulated to others or published online.

BBC News reports that among police forces who record data on revenge porn, a total of 149 police reports were made between 1 January 2012 and 1 July 2014. Police say most of the cases involved women whose images had been published online. Out of the 149 allegations of revenge porn, just six resulted in further legal action, however.

Ministers in Northern Ireland and Scotland are still considering whether to make revenge porn a crime.

Revenge porn is considered a sexual offence – and those convicted of revenge porn could face a two-year jail sentence.

Publishing or uploading images of minors – ie those under the age of 18 – could result in charges of making, possessing or distributing indecent images of children, even if the publisher is a minor themselves.

The copyright of an image also belongs to the photographer, unless they have assigned their rights to a publisher, usually for payment and a credit as the photographer.

However, uploading or publishing images taken by someone else constitutes a breach of the photographer’s copyright if the photographer has not given their permission for the image to be published or circulated – even if the photographer is credited or the image is a “selfie” taken by a friend.

Duncan Lewis Crime Lawyers

Duncan Lewis crime lawyers can advise at any stage of a charge relating to sexual offences, including prostitution, rape, sexual assault, child abuse – including making, possessing or distributing indecent images of children – or revenge porn.

Duncan Lewis has more than 20 offices across London and the south of England – and also has offices in major cities nationwide, so a Duncan Lewis criminal defence lawyer can be at a police station or court within an hour.

For expert legal advice on criminal charges and representation for interview under caution, call Duncan Lewis crime lawyers on 020 7923 4020.

For out-of-hours legal advice on criminal charges and representation, call the Duncan Lewis Crime Lawyers Out-of-Hours Hotline on 07920 077057.