Revenge Porn Solicitors
Intimate image abuse can take several forms, from sharing or threatening to disclose private photographs without consent, to creating or distributing AI-generated material, making it difficult for those accused to understand which offence they are facing. This legal position can be particularly difficult to navigate without specialist advice, hence the importance of seeking representation at the earliest opportunity so that you can understand the allegation against you and receive appropriate protection and support from the outset.
What Is Revenge Porn?
Revenge porn, or intimate image abuse as it is known in UK law, involves sharing or threatening to share intimate photographs or films of another person without their consent. The term is commonly associated with sharing intimate material to humiliate, embarrass or retaliate against another person, although the motivation behind the conduct can vary and does not necessarily involve ‘revenge’.
For revenge porn offences committed on or after January 31st 2024, Section 66B of the Sexual Offences Act 2003 outlines four crimes relating to the sharing or threatened sharing of intimate material:
- (1) Sharing without consent: This offence involves intentionally sharing photographs or films showing, or appearing to show, another person in an intimate state without their consent and without reasonably believing that they consented.
- (2) Sharing to cause distress or alarm: This refers to sharing an intimate photograph or film of another person without their consent with the intention of causing them alarm, distress or humiliation.
- (3) Sharing to obtain sexual gratification: This involves sharing an intimate photograph or film without consent and without reasonable belief in consent for the purpose of obtaining sexual gratification for the person sharing it or another person.
- (4) Threatening to share: Rather than sharing intimate content, this offence relates to threatening to share an intimate photograph or film with the intention of inciting fear in the person depicted or someone who knows them, or being reckless as to whether they will experience that fear. The prosecution does not need to prove that the image referred to in the threat actually exists.
Since February 2024, the law has expanded to cover a wider range of conduct involving intimate images. The Online Safety Act 2023 replaced the previous revenge porn offence with broader definitions covering sharing and threatening to share intimate images, while subsequent legislation has introduced offences that address creating and requesting intimate images, including AI-generated and deepfake material. These expansions mean that the law applies even where an image has not actually been shared, while subjecting online platforms to stronger obligations concerning the reporting and removal of intimate content.
What Constitutes Disclosing Intimate Images without Consent?
Disclosure is the primary prohibited action in intimate image abuse offences, with the Sexual Offences Act outlining several ways in which intimate material can be shared with another person. Whether intimate material is sent privately to one other person or shared with a wider audience, the method used to disclose private images does not necessarily affect whether an offence has been committed, provided the relevant legal requirements are met.
Forms of disclosure recognised by the Sexual Offences Act include:
- Sending to another person: Sharing an intimate photograph or film directly with another individual, whether through a messaging service, email or another form of private communication, can constitute unlawful disclosure where the recipient has not consented to receiving it.
- Uploading to a website: Making an intimate image available on a website or online platform can amount to disclosure, regardless of whether the material is accessible to a large audience or a more limited group of users.
- Forwarding an image: Passing on an intimate photograph or film that was originally received from another person can constitute a further disclosure. The fact that the image was not originally created or shared by the forwarding person does not prevent an offence from being committed.
Threatening to Share Intimate Images
Threatening to share intimate images or videos is treated as a criminal offence in its own right, reflecting the seriousness of using the threat of disclosure to cause fear or exert control. Threats do not need to be made publicly or formally to constitute an offence. Whether they are stated in writing, such as by text message or other forms of electronic communication, or verbally while talking over the phone or in person, the way in which the threat is communicated does not affect whether an offence has been committed.
For threats to amount to an offence, the prosecution must establish that the accused intended for the recipient, or someone who knows them, to fear that the threat would be executed, or was reckless as to whether fear would result. This means:
- Intentional: The person making the threat intended the recipient to fear that the intimate image would be shared.
- Reckless: The person making the threat was aware of the possibility that it could cause the recipient to fear that the threat would be carried out, but made the threat regardless.
What Are Unsolicited Sexual Images?
Unsolicited sexual images, or cyberflashing, involve deliberately sending someone photographs or videos of genitals without their request or consent. It is important to note that an image does not need to depict the genitals of the person sending the unsolicited sexual image and can instead show those of any other person.
Under Section 66A of the Sexual Offences Act 2003, this conduct is an offence where the sender intends to cause the recipient alarm, distress or humiliation, or seeks sexual gratification while being reckless as to whether the recipient will experience such a reaction.
What Are Deepfake Images?
Deepfake images are digitally manipulated or AI-generated images that artificially depict people in intimate situations. Due to how realistic these images can appear, they are considered intimate images even when entirely fabricated and no original intimate photograph of the person exists. Section 138 of the Data (Use and Access) Act 2025 introduced new offences concerning the creation and commission of purported intimate images of adults without their consent, which came into force on February 6th 2026.
While disclosing or threatening to share deepfake images is an offence in the same way as other forms of intimate image abuse, creating images of this nature can also be considered a criminal offence. Section 66E of the Sexual Offences Act 2003 establishes that intentionally creating purported intimate images of another adult without their consent, or without reasonably believing that they consented, constitutes an offence unless its creator can demonstrate a reasonable excuse.
Commissioning another person to create deepfakes without the consent of the person depicted is similarly recognised as an offence, under Section 66F of the Sexual Offences Act 2003. The introduction of this offence was to ensure that liability cannot be avoided by arranging for someone else to create the material on their behalf, rather than producing the image themselves.
Sentencing for Revenge Porn Offences
Revenge porn offences are triable either way, meaning they can be heard in either the Magistrates’ Court or Crown Court depending on the seriousness of the offending and which court is considered appropriate. For offences under Section 66B of the Sexual Offences Act 2003, the maximum sentence is two years’ imprisonment and an unlimited fine; however, convictions for these offences can have consequences that extend far beyond the sentence imposed by the court.
Convictions for certain intimate image abuse offences can result in notification requirements under the Sex Offenders Register, which may affect your ability to use the internet, travel and pursue certain employment opportunities. Beyond these formal consequences, being convicted of sharing, threatening to share or creating intimate material without consent can cause significant damage to your personal relationships and reputation, making it difficult to form new intimate relationships or continue in the same career.
Defences for Revenge Porn Allegations
In light of the serious and potentially life-changing consequences of an intimate image abuse conviction, it is vital to secure your legal position from the earliest stage of an investigation. By instructing specialist revenge porn solicitors, you can ensure that the circumstances surrounding your actions are properly examined, applicable exemptions are identified and the strongest possible defence is prepared.
Depending on the circumstances of your case, defences for the disclosure of intimate images may include:
- Material was already public: Where an intimate photograph or film had previously been publicly shared with the consent of the person depicted, sharing it again may fall within an exemption under Section 66C. This defence may apply where the person who shared the material reasonably believed that it had previously been made public with their consent.
- Journalistic intent: There are some circumstances in which sharing intimate material can be justified by legitimate journalistic purposes. In order to determine whether lawful justification applies, your revenge porn lawyer would need to present evidence of your intent and the circumstances in which the images were obtained.
- Investigation, prevention or detection of crime: Sharing intimate material may be similarly justified where it is necessary for the investigation, prevention or detection of crime. This could include providing an image to the police or another appropriate authority as evidence of suspected criminal conduct.
- Childhood image: Specific exemptions apply where an intimate image depicts a child and is shared in circumstances ordinarily expected between family and friends.
- No expectation of privacy: Exemptions may apply where the person depicted in the image was voluntarily in the intimate state shown, or where an image was taken in a place with public access and the person depicted had no reasonable expectation of privacy.
Professional Support from Revenge Porn Solicitors
Being accused of intimate image abuse can be extremely stressful, particularly during the early stages of an investigation when the uncertainty about the outcome and your future can feel overwhelming. At Newtons Solicitors, our team of sexual offence specialists have two decades of experience supporting clients facing these allegations. In addition to providing practical advice throughout the investigation, our revenge porn solicitors help clients to manage the personal and professional difficulties that can arise from an allegation, so that they can begin rebuilding their lives once their case has concluded.
By instructing Newtons to work on your case, you can gain support in the following areas:
- Representation at the police station: Obtaining early legal representation is essential to ensure you understand your rights and can make informed decisions when attending police station interviews.
- Challenging detention: Where the circumstances of an arrest or continued detention can be called into question, your revenge porn lawyer may be able to secure your release or prevent unnecessary restrictions on your liberty.
- Scrutinising digital forensics: Digital evidence is central to most intimate image investigations, with devices, accounts and other digital material invariably forming part of the prosecution’s case. Specialist examination of this evidence can identify inaccuracies, gaps or alternative explanations that may support your defence.
- Protecting reputation: Allegations of intimate image abuse can cause significant damage to your personal and professional reputation. In addition to supporting your legal position, your solicitor can advise you on how to manage the risk of information being shared about your case and respond appropriately to issues that could affect your private and public life.
- Support with communication: Communicating with the police, complainants and other parties can carry significant risks during an investigation, not to mention placing additional strain on an already stressful process. By receiving guidance from specialist revenge porn solicitors, you can be confident that all communications are handled appropriately and that nothing is said or shared that could harm your position.
For more details about the services provided by our dedicated solicitors, or to share some confidential information that may be pertinent to your defence with a member of our team, please get in touch with us today so that we can support you through your case.
Revenge Porn FAQs
The length of an intimate image abuse investigation can vary considerably depending on the circumstances of the allegation, the amount of evidence there is against you and whether further enquiries are required by the police. While more straightforward investigations can be concluded within a few months, cases involving multiple devices and more extensive digital forensics can take from six months to over a year.
While complainants can ask the police to withdraw their allegation, this will not necessarily bring the criminal investigation to an end. Once a report has been made, the police and Crown Prosecution Service may continue to investigate or prosecute if they consider there is sufficient evidence and that doing so is in the public interest.
When intimate images are obtained during an investigation, they are retained as evidence while the police assess the allegations. The material will likely be examined and ultimately presented in criminal proceedings where relevant. Any concerns you may have about the continued retention of intimate material after your case has concluded can be addressed by your appointed revenge porn solicitor.
