The offence colloquially known as ‘Revenge Porn’ has been a criminal offence since 2015 when it was introduced by Section 33 of the Criminal Justice and Courts Act 2015.

An article explaining the law on this offence was posted to this site previously and, for further detail, please refer to our link:

Subsequently, by virtue of section 69 of The Domestic Abuse Act 2021 (‘the Act’) the nature of the offence of ‘revenge porn’ has been extended to include threats to disclose.

Helen Holder of Kangs Solicitors explains this extension of the law.

Kangs Solicitors has been representing clients charged with all manner of sexual offences allegations for many years during which time we have become one of the leading firms in the country successfully advising and defending many clients facing such allegations.

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 and other members of the team 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:

The Domestic Abuse Act 2021 | Kangs Revenge Porn Defence Solicitors

The extension to the nature of the offence of Revenge Porn follows lobbying by Domestic Abuse charities and the increasing volume of individuals encroaching on the privacy of others by threatening to disclose private sexual photographs or films without any fear of prosecution for such criminal activity.

Section 69 of the Act provides:

Threats to disclose private sexual photographs and films with intent to cause distress

‘(1) A person commits an offence if—

(a) the person discloses, or threatens to disclose, a private sexual photograph or film in which another individual (“the relevant individual”) appears,

(b) by so doing, the person intends to cause distress to that individual, and

              (c) the disclosure is, or would be, made without the consent of that individual.

The Act also states thatwhere a person is charged with such an offence it is not necessary for the Prosecution to prove—

‘(a) that the photograph or film referred to in the threat exists, or

(b) if it does exist, that it is in fact a private sexual photograph or film.

The existing statutory defences will now also apply to the offence of threatening to disclose and  it remains the position that it is not an offence to threaten to disclose to the relevant individual. 

The maximum sentence for this offence on indictment in the Crown Court is two years imprisonment, a fine or both.

How Can We Assist? | Kangs Sexual Offences Defence Solicitors

It is conspicuous that the term ‘threat’ has not been defined by Parliament and that there is no apparent burden on the Prosecution to prove that the photograph or film threatened to be disclosed actually exists.

There will clearly exist important issues to be addressed in the defence of any prosecution making it imperative that anyone accused or charged with an offence of this nature  immediately seeks the best possible advice. 

Kangs Solicitors offers considerable experience defending sexual offence allegations and a sample of our recent cases can be found on our Sexual Offences Homepage.

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 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.

Contact:

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
020 7936 6396 | 0121 449 9888

Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888 | 07989 521210