The new “revenge porn” offence is only a partial solution, says Samantha Pegg
The disclosure of private sexual images, particularly by aggrieved ex-partners, is not a new phenomenon, but their ubiquitous presence on the internet has made it all the more galling for victims. Is the new “revenge porn” offence really the best way of preventing victimisation or is it an easy answer to a complex problem?
As has been recognised by various commentators victims of revenge porn already have civil remedies available to them and disclosing a pornographic image may also be an offence under the Communications Act 2003 or the Malicious Communications Act 1988. Disclosing or threatening to disclose private sexual images can also amount to an offence under the Protection from Harassment Act 1997 where there is a course of conduct.
The new “revenge porn” offence at s 33 of the Criminal Justice and Courts Act 2015 is actually titled the rather less snappy “disclosing private sexual photographs and films with intent to cause distress” and requires the disclosure of these images to someone other than the victim without the consent of the person
