Bring a Revenge Porn or Image Based Abuse Claim

What is Revenge Porn?

"Revenge porn" is the name historically given to the malicious sharing of explicit or personal images or videos, with the intention of causing hurt or embarrassment to the victim. More recently, judges have suggested that the term "image based abuse" better describes this type of case. 

Most sharing of images occurs by uploading material to internet sites or by sharing using mobile devices, although the law applies equally to material distributed in other ways, such as printed copies. 

Is Image Based Abuse a Criminal Offence?

Yes it is - If you are the victim of image based abuse/revenge porn, it is likely that a criminal offence will have been committed by your opponent. Section 33 of the Criminal Justice & Courts Act 2015 makes it a criminal offence to "disclose a private sexual photograph or film if the disclosure is made without the consent of the individual who appears, and with the intention of causing that individual distress". You should therefore report what has happened to the police as quickly as possible. 

The CPS may choose to charge an offender who has distributed material with a criminal offence under this law. However, this is not always the case. Police forces have reported being swamped with this type of offence, and it is possible that only the most serious will be prosecuted. This should not stop you from reporting the offence however, as it can be important in any later claim for damages.

We can help you claim damages from your opponent, at the same time as a criminal case is brought against them.

What Can I Do about Image Based Abuse?

If an ex partner has shared your intimate images, you have almost certainly been the victim of image based abuse and/or revenge porn. In these circumstances, you may well be able to bring a civil claim for damages against your opponent, on several different grounds:

• the most obvious is breach of privacy - where it was clear that the information they have shared should have remained private, you could have a claim for damages for breach of your privacy.
• harassment is another type of claim you can bring - if the images have been shared repeatedly, it is quite possible that you would be entitled to damages for this.
• if you took the image yourself, and it has been shared without your consent, you may well have a further claim for damages for breach of your copyright. 

We will be able to help you decide which type of claim (or combination of claims) would be the most appropriate for you. 

Samuels Solicitors can offer conditional (no win no fee) arrangements and other flexible funding options to victims of image based abuse or revenge porn, who wish to bring civil claims against offenders, if you have a strong claim and providing your opponent would have the means to pay an order for damages or costs. 

If you need our help, contact us today for a free and totally confidential discussion.