UK: Standing Up For The Victims Of "Revenge Porn"

Image-based sexual abuse is not a new problem. Margaret, Duchess of Argyll experienced nude photographs of herself revealed during a bitter divorce in 1963. However, smart phones and the internet have made image-based abuse far more accessible to its perpetrators. For those who are victims of this abuse, the effects can be devastating. 

Imagine discovering that your partner has shared CCTV footage of you having sex on line 

The Love Island star, Georgia Harrison, was in this situation. Having discovered that her then partner, former Celebrity Big Brother winner Stephen Bear, had captured them having sex on his CCTV cameras, and despite her asking him not to share the video, he shared them on multiple platforms before removing them a short while later. Georgia took a stand, and with the support of Essex Police, she bravely waived her right to anonymity to raise awareness of the effect revenge porn can have. She reported feeling ashamed, hurt, violated and even broken at times. She said:

“We are living in a time where so much of our lives and our children's lives are spent online and it is so important that individuals are protected in the virtual world just as they are in reality. Social media has given us the egalitarian belief that we are all publishers but what it hasn't done is regulate what we should responsibly publish.”“

In December 2022, a jury sitting in Chelmsford Crown Court found Stephen guilty of two counts of disclosing private sexual photographs and films with intent to cause distress and of voyeurism. On 3 March 2023, he was sentenced to 21 months imprisonment. Further, a restraining order prevents him from contacting Georgia for five years and his name has been entered on the Sex Offenders Register for ten years. Georgia has reported having to endure 63 million hits on her Instagram page on the week of the video's release, being ridiculed by Stephen on social media, “Georgia Harrison sex tape” trending on-line and the pain of knowing that all of her friends and family were aware of it. We hope that the sentence brings Georgia at least some form of peace and enables her to begin to rebuild her life.

Importantly, the severity of the sentence sends a strong message that such behaviour is a crime and can have serious consequences for the perpetrator.

What if your partner has recorded you on concealed cameras? 

A lady moved into her partner's house where she later found a concealed microscopic camera. Her former partner had filmed her naked in the bathroom and whilst she slept, topless. He had uploaded the images onto a pornographic website with a photograph of her face so that she would be recognised. She found screenshots of payment platform websites, which inferred he may have made money from the images. Thankfully, her ex-partner was convicted of voyeurism and other sexual offences in the Criminal Courts, resulting in a two-year suspended sentence, and he was ordered to sign the Sex Offenders Register for ten years. In her statement for the criminal proceedings, the victim stated:

“This was such an awful betrayal of someone that was pretending to love and care for me. Someone that I had trusted, had taken my most intimate moments and gleefully added this to sick websites and relished at his perverted enjoyment of sharing this with thousands of strangers without my knowledge. […] I kept agonizing as to what else he had recorded of me [.]?”

This brave lady also approached the Civil Courts for help. On 27 February 2023, the Civil Courts helped her in what is thought to be the first case of its kind. The judge rightly indicated that “revenge porn” is an unfortunate label as it suggests that the victim deserves this treatment when they do not. The judge referred to the behaviour as “image-based abuse”.

The Judge indicated that the likelihood of the images appearing elsewhere was high and the knowledge that naked images of her are on-line, available to the public, has resulted in the lady suffering from chronic post-traumatic stress disorder and a personality change. The lady reported becoming a recluse, only able to work because she was able to do so from home. The Court ordered that the perpetrator had to pay her £97,041.61. This sum included £21,600 to enable her to have the images removed from the internet.

What about me?

Whilst turning to the courts for help is never easy, they can help. As the deputy chief crown prosecutor for CPS East of England Hannah von Dadelszen said following Stephen Bear's sentencing hearing:-

“Although she lives a public life, Georgia Harrison has the right to privacy. But that was taken away by Bear to make money in the most egregious way.”

“Whether or not sex is consensual, it is a crime to share or threaten to share sexual images without consent to cause distress. This is a serious offence which has a lifelong impact on victims. Those like Bear who use devices to share photos or videos or threaten to do so can expect to be prosecuted.”

“We want to encourage victims to come forward, safe in the knowledge they will have lifelong anonymity and can have special measures put in place when appearing in court, like giving evidence from behind a screen.”

If, as a result of criminal law proceedings, the perpetrator is named on the Sex Offenders Register they are required to go to the police station regularly to confirm they are complying with the resulting regulations and notify the police of any intention to leave the UK for any period of time. A criminal record is likely to affect some employment prospects and future relationships. It is hoped that this will act as a deterrent.

Whilst the Criminal Courts are there to protect society, the Civil and Family Courts can provide more personal redress.

The Civil Courts can order compensation for the distress caused when images have been shared and, perhaps more importantly, order the defendant to pay for the cost of image removal. In the event that the issue comes to light before publication of any images, the Civil Courts can also grant an injunction to prevent publication.

The Family Courts can assist with injunctions to protect you from contact with the perpetrator and in respect of the resulting breakdown of your relationship. They can also consider the effect the behaviour may have on the perpetrator spending time with any joint children.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.