Kangs Solicitors has been representing individuals in relation to sexual offence allegations since 1997 and, during this time, our team has become one of the leading firms in the country undertaking this type of sensitive work.

Revenge porn’ has been a criminal offence since 2015 when the offence was created by Section 33 of the Criminal Justice and Courts Act 2015 (‘CJCA 2015’) and we have successfully advised and defended many clients facing this serious allegation since its inception.

We have been recognised for many years by the leading law directories, the Legal 500 and Chambers & Partners, for our work in relation to criminal defence work. The most recent edition of the Legal 500 (2021 edition) says that we are:

‘One of, if not the best, criminal specialist firms in the country’.

Our team is led by Hamraj Kang an award-winning solicitor who has been ranked as a ‘star individual’ for five consecutive years by Chambers & Partners. Other members of the team, including Helen Holder, are also listed in both the Legal 500 and Chambers & Partners.

For an initial no obligation discussion, please call our Team at any of our offices detailed below:

Hamraj Kang looks at the law in relation to revenge porn in the light of recent reports that due to the Covid-19 national lockdown the authorities are receiving more complaints of revenge porn offences than at any other time previously.

What Is Revenge Porn? | Kangs Solicitors

Revenge porn is the disclosing of private sexual photographs or films with intent to cause distress.

Section 33 CJCA 2015 states:

It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made:

  • without the consent of an individual who appears in the photograph or film, and
  • with the intention of causing that individual distress.

Is Revenge Porn Only Internet Based? | Revenge Porn Defence

Contrary to popular belief, the offence of revenge porn can be committed without the use of the internet. The legislation was introduced in 2015 largely as a result of internet-based complaints from victims whose photos or videos had been uploaded to various websites without their consent.

As well as uploading images on the internet, the following instances would also be caught by the revenge porn offence where it involves the disclosure of private sexual photos or videos by:

  • sharing by text or e-mail, or
  • showing someone a physical image.

Is It An Offence To Share The Image With The Person In The Image?

No, it is not. The CJCA 2015 does not make it an offence for a person to send or show a photo or video to the person who features in the photo or video.

Intention To Cause Distress | Revenge Porn Defence Solicitors

The law makes it clear that the intention behind the disclosure of the image or film must be to cause distress. Although it does not have to be the only motivating factor for disclosure, it must be one of them.  

As a result, if a person ‘innocently’ shared a photo or video (for example as a joke) with no intention of causing the person in the photo or video any distress, the offence is not committed.

In addition, the law makes it clear that it is not only the taker of the photo or the maker of the video who can be caught by the offence of revenge porn. If a person re-sends or re-tweets the photo or video with one of their intentions being distress to the person featured in the photo or video, that person also commits the offence of revenge porn.

This is important as it is often misunderstood that only a ‘partner’ or ‘ex-partner’ can be charged with revenge porn when, in fact, this is not the case.

A Private Sexual Photograph Or Film | Kangs Solicitors

For the offence of revenge porn to be committed the photo or video must be both private and sexual in nature.

Private

The photo or film has to be private and not something that was intended for the public domain.

Sexual

The photo or video must be sexual in nature and this could include:

  • an image showing exposed genitals,
  • an image of someone engaged in sexual behaviour or posing in a sexually provocative way, if what is shown is not of a kind ordinarily seen in public.

Exposure of genitals or pubic area is automatically regarded as sexual due to the intimate nature of this part of the body

Exposure of other parts of the naked body would be caught by the offence if the definition of ‘private and sexual’ are met.

Our Experience | Kangs Sexual Offences Defence Solicitors

We have been involved in numerous cases where allegations of revenge porn have been denied by our clients for whom we have presented a range of defences for trial based upon the individual circumstances.

There are a number of defences available including:

  • the disclosure complained of was necessary in the course of investigation, prevention or detection of crime,
  • the material was disclosed in the course of the publication of journalistic material in circumstances where the person making such disclosure reasonably believed that the publication was in the public interest.
  • a reasonable belief that the material was previously disclosed for reward and that there is no reason to believe that the reward was made without the individual’s consent,
  • the disclosure was not made with the intention of causing distress, even though that was a natural and probable consequence.
  • circumstances where it is alleged that the complainant originally consented to the disclosure of the photo or video (for example, consented to it being uploaded to a website) but subsequently the complainant denies that such consent was in fact given.

We have considerable experience in defending a wide variety of sexual offence allegations and a sample of our recent cases can be found on our Sexual Offences Homepage.

How to Contact Us | Kangs Solicitors

We understand how difficult it can be for an accused person and their family to deal with such sensitive allegations which can have drastic consequences if not contested properly.

We provide expert advice and representation based on our considerable experience of conducting cases of this nature throughout the courts in England & Wales.

We welcome new enquiries by telephone or email.

Our team of lawyers is available to meet at our offices in London, Birmingham or Manchester or, alternatively, we are happy to arrange an initial no obligation meeting via telephone or video conferencing.

For initial enquires please contact:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Suki Randhawa
srandhawa@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888