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Harassment and revenge porn

Common questions about revenge porn

The sharing of sexual images and videos was made a criminal offence (Revenge Porn) in 2015 by the enactment of Section 33 of the Criminal Justice and Courts Act 2015. 

What is the maximum sentence for revenge porn

What is the defence to a charge of posting revenge porn

How does revenge porn affect the victim

What if you consented to posting of images and then changed your mind

What if your consent to posting images and videos was influenced by drugs or alcohol 

How can you remove intimate videos and images quickly 

What is the maximum sentence for revenge porn

Under the law called revenge porn law, anyone found guilty could be sent to prison for a maximum of 2 years per offence. Each post of a revenge porn video or image is a separate offence which means the court could impose a prison sentence much higher than 2 years on repeated offenders.

What is the defence to a charge of posting revenge porn

The revenge porn law goes some way to combat the issue of harassment through the publication of private material on the internet. However, it might not give sufficient protection to victims as yet.

The revenge porn law states that the sharing of images must cause distress and alarm to the victim, which is something that could be argued in court. The poster of the private images could quite easily state that they didn't think their action would in fact cause distress to the victim. Furthermore, the law does not cover any image that is not overtly sexual (so if you are just showing underwear, that is not covered). It also does not cover any cultural ideas of what is deemed as intimate. 

This law also does not cover any manipulated images but if a naked body carries your face and it is posted and shared, it is no different and extremely real in terms of the violation and embarrassment that a victim of online harassment can feel.

How does revenge porn affect the victim

If you are a victim of revenge porn, you may feel continually scared and afraid that your family, friends, co-workers and employers will see the images and wonder how you can get help with removing pornographic content, considering its escalating nature on the internet.

You may be losing sleep because of this and so, your cognitive thoughts are affected and thus, everything around you is affected in some way: Driving, working, doing everyday activities may become difficult and a big issue for you.

The mental health consequences include anxiety, depression, suicidal thoughts and sometimes post-traumatic stress disorder (PTSD). There can be economic and professional consequences for victims of Non-Consensual Publication of Images and videos, including lost jobs (due to stress and due to having images found by employers and colleagues), fewer professional connections, and colleagues who tease, avoid or shame you. It can also be difficult finding new employment. Unquestionably, in many cases the costs to victims are extremely serious, long-lasting and devastating.

What if you consented to posting of images and then changed your mind

Even if you had consented to a sex video or posed for images of a sexual nature, it does not mean that you cannot change your mind. Revenge porn law does not address this issue directly but from other similar laws, it can be inferred that a person can withdraw consent, which means that the poster of the images of video has to take the posts down. You can also get help in removing pornographic content off the internet. You may have participated voluntarily or believed that they were just private images between you and somebody else or you may have been paid for them. You may feel that you wouldn't stand a chance to have your videos and images removed offline, or stop the producer or person that you gave them to, from posting the videos but that isn't the case. Cohen Davis have strategies that we commonly employ to remove pornographic content off the internet and obtain injunctions to stop the person in possession of your image and video containing you from uploading them further online.

What if your consent to posting images and videos was influenced by drugs or alcohol 

Consent must be informed, which means that you have to be in the right frame of mind to be able to give it. Often, people who had intimate images in videos of them posted online had been acting under coercion. Being under controlled or coercive behaviour often means that any consent you have given to violation of your privacy is likely to be invalid. 

We have had cases where people have been actors in sex videos and signed a consent order whilst being plied with drugs and alcohol, so in essence, they signed the consent order under the influence. We would argue that you were not coherent to sign the consent order. Under English law, a person who is intoxicated or who is under the influence of drugs, or who is under threats of violence, is not capable of giving consent to sexual intercourse.

A client of ours was on the brink of suicide after appearing in a sex video (which he immediately regretted) when he was at a desperately low time in his life and the producer ignored his pleas for not sharing it online. He, in fact, shared it to many lucrative pornographic sites and sent hundreds of links to it. We were successful in removing pornographic content and all traces of the sex video and tracked the producer down, resulting in him returning the video and copyright back to him and also secured him £20k in compensation. No amount of money can remove the memories or stress that our client endured but hitting the producer financially may have made him feel a little less invincible. Especially since he thought he was hiding well behind the internet. 

How can you remove intimate videos and images quickly 

Removing pornographic content, which you performed for and agreed to appear, coherently or not coherently, as well as somebody just stealing your image and using it to spread sexually natured content across the internet, is what Cohen Davis has helped many of its clients with. 

Our Revenge Porn Solicitors deal with copyright buybacks, stage name trademark acquisitions, privacy notices, harassment notices, data protection notices and more. Cohen Davis can track the person(s) sharing your videos and images down, hold them accountable, gain injunctions for you and we may attain damages for you and have your legal fees paid. 

Call Revenge Porn Solicitors: Cohen Davis today - 0800 612 7211. We can act rapidly on the removing pornographic content about you. 

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