Revenge Porn: The amended Bill and How Covid-19 caused a surge in cases

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Liam Goggin

Director of Public Law Practice Area

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Reports of domestic abuse and revenge porn cases were on the rise during the Coronavirus pandemic, with research by Women’s Aid reporting that over 60% of victims living with an abuser said that their abuse got worse during the pandemic.

A further report by The Independent found that the number of calls to a national revenge porn helpline tripled between 2017 and 2020, and the amount of victims had doubled in the year of 2020.

While it’s clear that revenge porn has been increasing over the last few years, it’s likely that there’s been an even bigger spike during Covid-19 as the population has spent more time than ever online. The UK Safer Internet Centre reported that the helpline that was set up in 2015 had seen a 98% increase in cases in April 2020, as opposed to in April 2019.

If you’ve been affected by domestic abuse or revenge porn, get in touch for confidential legal advice and support.

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What is Revenge Porn?

Revenge porn is when someone shares private, sexual photos or videos of another person without their consent in a malicious attempt to cause them embarrassment or distress. It can happen both online and offline, and is usually shared in one of 3 ways:

  • Uploading images or videos onto the internet
  • Sharing the materials by text or email
  • Showing others the materials in person

Along with distributing or sharing the images or videos, according to the government in the Criminal Justice and Courts Bill, it can also be accompanied by sharing personal information about the subject, including full names, addresses and social media handles.

Many victims’ lives have been affected by revenge porn and the CPS charged 1,048 revenge porn offences across 825 cases between April 2020 and June 2022. Until recently, it had been challenging to charge the abusers – but the act of disclosing private sexual photographs or video with intent to cause a distress was made illegal in England and Wales as of 2015. The Domestic Abuse Act 2021 was amended in June 2021 to extend any existing offence to include the act of threatening to disclose images or videos.

Revenge Porn can leave victims with mental health problems as well as causing damage to their relationships with partners, family members and colleagues.

Celebrities such as Zara McDermott have recently spoken out about the devastating effects of revenge porn and the worrying lack of support she got as a victim – and she has since released a BBC Documentary detailing the personal revenge porn story that she endured as a teenager. Speaking out to the BBC, Zara said “Revenge Porn still affects me today” – which is why speaking up about this type of crime is important for other victims to feel comfortable in coming forward.

Victims can find it particularly challenging to come forward about online abuse for fear of it not being taken as seriously as physical abuse. We hope the 2021 changes to the Domestic Abuse Bill will give victims the confidence to speak out about their abuse and get the support they need. If you or anyone you know are struggling, then there are places that you can turn to for advice, the helplines are as follows:

 

What are the Changes to the Domestic Abuse Bill?

The Domestic Abuse Bill was altered in 2021 to include new offences in a big step towards protecting victims of online and domestic abuse.

As of 2021, there had been over 900 abusers who had been convicted since the first revenge porn legislation was introduced in 2015, but these new changes enforce stricter sentences for abusers.

This includes:

  • Revenge porn – Abusers who are threatening to share private images can now be prosecuted and jailed for up to 2 years. Before the amended Bill, only abusers who had already shared images could be charged
  • Non-fatal strangulation – Under the new amendment, it will now be an offence to intentionally strangle another person. Convicted abusers can face up to 5 years in prison
  • Controlling and coercive behaviour – Abusers can now be charged for controlling or coercive behaviour against victims who they don’t live with. Previously, the law didn’t protect victims who had escaped abusive partners and still faced psychological abuse from them
  • New statutory definition of domestic abuse – The definition has been extended to include non-physical abuse such as manipulation, economic abuse, and controlling and coercive behaviour
  • Perpetrators can no longer cross-examine victims in Court, giving victims more protection

Talking about the changes in the legislation, Safeguarding Minister and Secretary of State for Health and Social Care, Victoria Atkins says, “The Domestic Abuse Bill is a game-changing piece of legislation that will help millions of people who are subjected to many different forms of abuse.”

“I am pleased that the offence is being extended so we can protect more victims and send a clear message to perpetrators.”

 

Support from an Abuse Solicitor

The Revenge Porn Helpline, run by charity SWGfL, part of the UK Safer Internet Centre (UK SIC) stated that Covid-19 saw records “going through the roof”. Even as lockdown began to ease, the trend of exploitative behaviour was still a worrisome trend. August 2020 was the charities busiest month, with 285 cases being dealt with. This was due to online dating services growing exponentially, and the number of users on the computer at any one time.

Sadly, this rise is a reality even now Covid-19 is in the past. In 2022, Helpline has supported over 9,000 cases across various contact methods, highlighting that there is three times as many people contacting for help as opposed to 2021.

If you’ve been affected by revenge porn, or any other type of abuse, just know that you’re not alone and there is support out there. Our Abuse Solicitors can put you in touch with specialist support networks and help you report your abuse to the police if you’ve not already done so.

Anything you tell us will be kept completely confidential. Speak to one of our experienced Domestic Violence Solicitors today for free initial legal advice by calling us on 0808 239 1287.

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Liam Goggin

Director of Public Law Practice Area

Areas of Expertise:
Abuse Claims

Liam works as the Head of the Department in Abuse Claims at Simpson Millar.

In this role, he oversees a team of experienced abuse lawyers and is a part of our Leadership Team. His primary focus is on Child Abuse Claims, and he handles cases against schools, local authorities, religious and charitable organisations, private companies, and notably cases for individuals who have been criminally convicted of offences.

References

UK Safer Internet Centre. (n.d.). Home. Retrieved from https://saferinternet.org.uk/

UK Government. (n.d.). Victoria Atkins. Retrieved from https://www.gov.uk/government/people/victoria-atkins

BBC Three. (n.d.). The rise of revenge porn. Retrieved from https://www.bbc.co.uk/bbcthree/article/b80a18ed-e1e9-4fc5-9400-afba5f736c9d

Crown Prosecution Service. (n.d.). Revenge porn victims are often stalked and harassed by ex-partners. Retrieved from https://www.cps.gov.uk/cps/news/revenge-porn-victims-are-often-stalked-and-harassed-ex-partners

Women's Aid. (2021). Shadow Pandemic Report. Retrieved from https://www.womensaid.org.uk/wp-content/uploads/2021/11/Shadow_Pandemic_Report_FINAL.pdf

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