Revenge Pornography
Here at JD Solicitors’, we are experts on constructing effective revenge porn allegation defence cases. We understand that being accused of such crimes can be upsetting and we offer supportive legal help that will maximise your chances of a positive outcome.
Some of the arguments we may make use of in your case could include demonstrating that you were not the source of the images due to hacking. That you disclosed the images to prevent, detect, or investigate a crime, or that the act was not preplanned, or shared in a limited way.
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What is revenge porn?
Since 2015 revenge porn laws state that disclosing private sexual images without the consent of one or more people in those images has been an offence. This offence is also known as ‘revenge porn.’
Revenge porn is said to have occurred when someone shares private sexual pictures of an individual/s with the intent of causing humiliation. The punishment if found guilty of revenge porn is being put on the sex offenders register and up to two years in prison.
If you have been accused of revenge porn:
If you are arrested for the offence of revenge porn, you can help your defence by knowing how to conduct yourself in the police interview. It is important to remember your legal rights which are:
- You do not have to answer any of the questions the police ask you.
- You should ask for legal representation straight away, and not answer any questions unless your solicitor is present.
- You are entitled to legal representation without a fee
- You can choose your lawyer, or work with the duty lawyer.
Also just as with any other offence when you are arrested for revenge porn, you must be cautioned properly by the police.
After being interviewed by the police for a revenge porn offence you may be released either with no further action (you could still be charged at a later date) or under investigation (which means they will continue to gather evidence on the case and may charge you at a later time).
If you are not released, you may be charged with a specific offence/s including a child sexual offence, or a revenge porn offence. If this is the case then a court hearing date will be set, and you may be remanded in custody or released on bail.
The penalties for revenge porn
The maximum prison sentence for a revenge porn offence is registration on the sex offenders register and two years in prison. However, the sentence awarded will depend on the harm caused to the victim, and the responsibility of the offender for that harm.
Courts will consider factors such as the practical effect of the offence, how much distress it caused, and the psychological harm it inflicted when sentencing. The level of responsibility of the offender for the harm, (culpability) will also be considered, including factors such as whether it was a pre-planned, or spontaneous decision, whether they tried to keep the images available to the public, and how widely the images were distributed.
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Here at JD Solicitors’, we are experts on constructing effective revenge porn allegation defence cases. Contact us for help today!
