Revenge Porn in the Family Courts

Following the breakdown of a relationship one party may find themselves facing threats to reveal intimate pictures or videos as means of manipulating them to give their partner what they want, or worse their partner reveals the intimate documents as a means of retaliation or revenge. As the use of social media platforms increases, particularly during the COVID-19 lockdown, so have the cases of revenge porn.

It is accepted as normal behaviour to share intimate photos, videos and more with loved ones. What is not accepted is for the things that you have shared to then be put on display for the world at large. In fact, it is a criminal offence in England and Wales for someone to share private sexual photographs or films of you with other people, to cause you distress. This is now commonly known as ‘Revenge Porn’.

Revenge Porn is defined as “disclosing private sexual photographs and films with intent to cause distress” (s33 Criminal Justice and Courts Act 2015). This would include distributing private and personal images or video recordings of an individual without their consent. In the practical sense, this would include making physical copies of the explicit images or recordings and distributing them, sharing the photos or recordings on Facebook or other social media platforms, distributing them via text, WhatsApp or email and publishing them on websites.

If you are accused and found guilty of this offence, you could face a prison sentence of up to two years.

If you believe that you have been a victim of revenge porn then you should contact the police immediately.  You should also keep a record of what has been posted or shared online and when, report the photos and/or videos posted (if you can) to the relevant site/app and seek support from family, friends or professionals.

The Family Courts

The Family Courts offer the protection of an injunction called a non-molestation order. The purpose of a non-molestation order is that it is a protective order, which prevents the abuser from pestering, harassing, using or threatening violence or abuse against the applicant, whether physical, emotional or psychological. A non-molestation order can be obtained to deal with revenge porn.

If your application is successful the court can make an order directly addressing the offence of distributing the photos and recordings without your consent and also directing your abuser not to contact you or harass you directly, indirectly or otherwise. Breach of the non-molestation order is a criminal offence.

If you believe that you have been a victim of revenge porn and would like some assistance, then please do not hesitate to contact us.