Help for victims of revenge porn

In the US, Blac Chyna and Rob Kardashian are preparing to go to trial as they fail to reach an agreement over the lawsuit Chyna filed in 2017, in which she claimed she suffered ‘significant damages’ after Kardashian posted a series of social media posts after their separation, including allegations of infidelity, drug and alcohol abuse, and nude photos.

A Los Angeles judge ruled that Blac Chyna's revenge porn lawsuit against Rob Kardashian would move forward as opposing attorneys warred over failed settlement negotiations.

The case throws a spotlight on the topic of ‘revenge porn’, which is the distribution of private explicit images without the consent of the person depicted, commonly done maliciously to humiliate ex-partners.

In England and Wales, revenge porn was made a specific offence in the Criminal Justice and Courts Act 2015, and carries a sentence of up to two years’ imprisonment.

The law classifies a number of offences, including:

• The non-consensual sharing of any explicit film or photograph showing people engaged in a sexual activity
• The non-consensual sharing of any explicit film or photograph showing an individual depicted in a sexual way or with their private parts exposed, where what is visible in the image would not be seen in public.

While revenge porn is frequently distributed online, the relevant law covers the sharing of explicit media both online and offline. This includes

• Anything posted on social networking sites;
• Messages shared via text or messaging apps such as WhatsApp
• Images and videos shared via email
• Images and videos published on a website
• The distribution of physical copies such as photographs, discs, data drives, or tapes.

Valid defences include instances

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

Although more than 28,000 revenge porn reports were made to the 38 police forces across England and Wales between 2015 and 2021, data from the forces which responded to a freedom of information request by the RADAR news agency shows at least 35% of crimes have been dropped by victims nationally since 2015 despite a suspect being identified.

Nationally, only around 6% (1,759) of revenge porn crimes resulted in a suspect being charged or summoned to court between 2015 and 2021.

CEO of domestic abuse charity Refuge, Ruth Davison, highlighted a number of reasons that victims, who are usually women, may fail to pursue police action: "It’s very rare for threat or sharing of intimate images to happen in isolation without other forms of domestic abuse.”

She adds: “Our Naked Threat research found that 72% of women who have experienced threats to share were threatened by a current or former partner – and for the vast majority of these women, this isn’t the only way they are abused."

Many victims, she comments, will be under pressure from perpetrators not to support police action for fear of violent reprisals.

Sophie Mortimer, manager of the Revenge Porn Helpline, cited another reason victims drop revenge porn cases: their anonymity is not guaranteed: "Although media outlets rarely name victims, the possibility of being outed in their local communities is too much to contemplate,” she said: "Victims of intimate image abuse are feeling incredibly exposed, violated and humiliated and the prospect of a potentially bruising criminal justice process that may drag on for months just isn’t acceptable."

In addition to accessing justice via the police and the CPS, it is possible for victims of revenge porn to bring a claim against their aggressor in the civil courts. A claim can be brought for damages for breaching the privacy of the victim, for harassment if the abuse has happened more than once, and breach of copyright, if the perpetrator did not have the permission of the person who took the image to share it. 

Each of these claims can lead to significant damages being awarded to claimants. In some cases, this can be more of a punishment than the sentences handed down to defendants who are convicted in the criminal courts, particularly if they have to sell their house to compensate their victim. 

At Samuels, we have a wealth of experience in handling this type of case. Our solicitors understand that clients are generally in a state of shock and disbelief when then come to us, as well as being hugely embarrassed. We have dealt with many claims over many years, sympathetically and with great professionalism. Speak to one of the team at Samuels for information and advice on the topic.

Article credit: Lalla Merlin