Revenge Pornography Specialist Defence Lawyers

If you have been accused of offences relating to ‘revenge porn’, contacting a specialist revenge porn defence lawyer is of the utmost importance to get the representation and advice you need.

Such serious allegations can have a significant impact on your life – and the lives of loved ones – and only with expert guidance from experienced Serious Crime Defence Lawyers will you get true peace of mind that your future prospects are being looked after.

The lawyers at Clifford Johnston & Co. have provided the highest standard of criminal case representation for 30 years across England and Wales.

Since revenge porn became a criminal offence in 2015, we have acted on behalf of many clients and managed to secure them the best possible outcome in the circumstances.

We provide immediate legal advice and guidance to clients facing serious allegations, and have developed a reputation for dealing with our clients with the utmost empathy and sensitivity, while still being decisive and tenacious in pursuing their best interests.

Our Criminal Defence Solicitors have been recognised on numerous occasions, most recently as shortlisted finalists for Crime Team of the year at the Manchester Legal Awards in 2019, 2020 and 2021.

What is revenge porn?

Revenge porn is defined in Section 33 of the Criminal Justice and Courts Act (CJCA) 2015 as “disclosing private, sexual photographs and films with the intent to cause distress”.

The rise of technology – in particular smartphones – has meant it is easier than ever to take and share intimate videos, and, as a result, the number of revenge porn allegations has increased dramatically in recent years.

Previously, defendants accused of allegations of this kind would have been charged under the Malicious Communications Act of 1988 or the Communications Act 2003.

But Section 33 of the CJCA 2015 aimed to create formal legislation around cases that were becoming increasingly prevalent and covered in the media, alerting many high profile campaign groups and Members of Parliament.

Section 33 of the CJCA 2015 defines revenge porn as follows:

• a person discloses a private sexual photograph or film;
• without the consent of an individual who appears in the photograph or film; and
• with the intention of causing that individual distress.

What is the definition of a private, sexual photograph or film?

The term “private” is defined in Section 35 of the CJCA as being something that is “not of a kind normally seen in public”.

“Sexual” is defined by Section 35 of the CJCA as follows:

• it shows all or part of an individual’s exposed genitals or pubic area,
• it shows something that a reasonable person would consider to be sexual because of its nature, or
• its content, taken as a whole, is such that a reasonable person would consider it to be sexual.

What does it mean to ‘disclose’ an image or film?

The offence applies to any kind of disclosure, which could include uploading images on the internet, sharing them by text or email, or showing someone a physical image. The offence applies equally online and offline and to images which are shared by electronic means or in a more traditional way.

Is it revenge porn if the image is altered?

The offence still applies to an image that appears photographic and originated from a photograph or film, even if the original has been altered in some way or where two or more photographed or filmed images are combined.

What must be proven to convict an individual of a revenge porn offence?

In order to be convicted of the offence, it must be proven that all three of the following conditions apply in the case:

• the individual disclosed a private sexual photograph or film
• without the consent of an individual who appears in the photograph or film
• with the intention of causing that individual distress.

What are the penalties/sentences for revenge porn?

The maximum penalty on conviction at a Crown Court is 2 years, while the maximum penalty at a Magistrates Court is 6 months.

A revenge porn offence may be considered more serious, and therefore carry a bigger penalty, if it is found the individual’s aim was to maximise the distress caused. Scenarios in which this may occur include:

• Creating social media accounts to post the images
• Sending images to the victim’s family, friends or co-workers
• Inviting comments from strangers, which could result in the abuse of the subject.

What are the possible consequences of a revenge porn conviction?

In addition to a maximum 2-year prison sentence, a conviction for revenge porn could have a devastating impact upon your life.

It could:

• Damage or potentially destroy your career and potential to earn future income
• Affect your ability to travel overseas
• Cause difficulties in future family law or child care proceedings

What are the possible defences for revenge porn?

There are certain defences for revenge porn allowed for in the CJCA 2015:

The CJCA 2015 allows for certain defences for revenge porn which are as follows :

• It is a defence if the defendant can prove that they reasonably believed that the disclosure was necessary for the purposes of preventing, detecting or investigating crime.
• It is a defence if the material is disclosed, in the course of, or with a view to publication of journalistic material and they reasonably believed that publication is in the public interest.
• It is a defence if they reasonably believed that the photograph or film had previously been disclosed for reward and that they had no reason to believe that the previous disclosure for reward was made without the consent of the individual.

How Clifford Johnston & Co. can help

The specialist solicitors at Clifford Johnston & Co. have helped many clients alleged to have committed revenge porn mount a robust defence and achieve an optimal outcome, such as reduced jail time or complete acquittal.

And the tenacious and decisive work of our lawyers has allowed our clients to avoid hugely damaging consequences in their personal and professional lives.

Our criminal defence expertise has been recognised on numerous occasions, most recently as shortlisted finalists for Crime Team of the year at the Manchester Legal Awards in 2019, 2020 and 2021.

We are rated Excellent (Category 1) by the Peer Review Team of the Legal Aid Agency, and are widely respected for our attention to detail and professionalism.

In addition, we are well known for tailoring our approach to each individual and each case we take on – making sure we take into account their preferences and ideal outcome. Our solicitors are best placed to help you, so contact us today.

Get in touch

Revenge porn related offences are serious. You need to seek expert legal advice as soon as possible to increase your chances of an optimal outcome.

We offer a free initial consultation in complete confidence, and the details of the consultation and any future dealings with you will remain completely confidential.

If you, or someone you know, needs help with any matter relating to revenge porn offences, Clifford Johnston & Co. is available 24 hours a day to ensure that you can access the advice and representation that you need.

Get in touch today and one of our team will get back to you.