Revenge Porn Part II - New guidelines for revenge porn crimes

People who repeatedly upload private sexual images of others online will be subject to harsher punishments under new sentencing guidelines.

New rules published by the Sentencing Council for England and Wales are the first to cover the disclosure of private sexual pictures, commonly known as revenge porn.  Sharing revenge porn both online and offline was outlawed in 2015, with those convicted facing a maximum sentence of two years in prison.

The guidelines highlight factors affecting the severity of the offence, including:

• the offender’s efforts to maximise the subject’s distress and or humiliation,
• circulating the images widely,
• demonstrating significant planning, such as setting up fake social media accounts to circulate the images and encouraging others to comment on and share them.

Additionally, high culpability is determined by the offender’s repeated efforts to keep the images available for viewing, intended to "reflect the nature of online offending as some offenders repost images online many times after websites take them down".

Courts will begin to use the guidelines from 1st October 2018, which also provide recommendations for sentencing crimes linked to stalking, harassment, controlling or coercive behaviour, and threats to kill.  The new factor of "victim left in debt, destitute or homeless due to exploitation of finances" has been added to the guideline around controlling or coercive behaviour in an intimate or family relationship in recognition of how offenders may control a victim’s access to money.

The guidelines recognise and reflect the very intimate, personal and intrusive nature of these offences, which can have devastating, often long-term impacts on victims and their families.  They will provide courts with comprehensive guidance that will help ensure sentences reflect the seriousness of these offences.

If you are a victim of revenge porn and need advice you can reach the Revenge Porn Helpline on 0345 6000 459