Man jailed for 'revenge porn'

19/08/2015

A man has been jailed for 16 weeks for 'revenge pornography' after he posted sexual photographs on social media of a former girlfriend.

Liverpool Magistrates' Court heard that David Jones, 53, of Mockbeggar Drive, Wallasey, posted 12 intimate pictures that had been taken around 20 years before.

His victim, who does not want to be identified, said she felt "complete terror" when the pictures appeared and "totally violated".

Jones pleaded guilty to five counts of disclosing private sexual photographs and films with intent to cause distress and was jailed for 16 months.

A restraining order is also in place to prevent him making contact with his victim.

Senior Crown Prosecutor Nicki Collins said: "Jones posted pictures of the victim taken many years ago to deliberately distress and humiliate her.

"This is a crime and the Crown Prosecution Service and the Police  will do all within our powers to bring those who commit such despicable acts of revenge before the courts.

"The new specific offence of revenge pornography has only been in force since April, but awareness of these crimes is increasing.

"I hope today's outcome brings some form of closure to this victim but also encourages other victims of these malicious crimes to report them to the Police and help us bring such offenders to justice."

This is the first 'revenge pornography' case in Merseyside.

In April 2015, the Criminal Justice and Courts Act 2015 created a new criminal offence of Revenge Pornography, making it a criminal offence to disclose private sexual photographs and films without the consent of an individual who appears in them and with the intent to cause that individual distress.

Notes

A typical case of revenge pornography would involve an ex-partner uploading an intimate image of the victim to the Internet or sending it to their friends and family.  It is carried out with the intention of causing distress, humiliation and embarrassment to the victim.

Previously, these cases have been prosecuted under other areas of legislation, such as the Communications Act 2003, Malicious Communications Act 1988 or the Harassment Act 1997. Under the new legislation someone convicted of an offence could face up to two years in prison and receive a fine.

The guidance on Revenge Porn outlines:

  • Revenge Porn is the sharing of private, sexual materials, either photos or videos, of another person without their consent and with the purpose of causing embarrassment or distress. The images are sometimes accompanied by personal information about the subject, including their full name, address and links to their social media profiles.
     The offence applies both online and offline and to images which are shared electronically or in a more traditional way so includes the uploading of images on the internet, sharing by text and e-mail, or showing someone a physical or electronic image.
  •  To fall within the offence, a photograph or film would have to be private and sexual. This could include an image that depicted an individual's exposed genitals, or a picture of someone who is engaged in sexual behaviour or posing in a sexually provocative way, if what is shown is not of a kind ordinarily seen in public.
  • Section 1 of the Malicious Communications Act 1988 deals with the sending of electronic communications which are indecent, grossly offensive, threatening or false, provided there is an intention to cause distress or anxiety to the recipient.
  • Section 127 of the Communications Act 2003 makes it an offence to send or cause to be sent through a 'public electronic communications network' a message that is 'grossly offensive' or of an 'indecent, obscene or menacing character'.
  • Where there is more than one incident, or the incident forms part of a course of conduct directed towards an individual, a charge of harassment should be considered.
  • Where the images may have been taken when the victim was under 18, prosecutors will consider offences under the Protection of Children Act 1978.
  • In the most serious cases, where intimate images are used to coerce victims into further sexual activity, other offences under the Sexual Offences Act 2003 will be considered.