WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR REVENGE PORN?

Prosecutions for revenge porn in the UK have seen a significant rise, highlighting the severity of the problem and in part explaining the equally serious response of the criminal justice system. Being arrested or charged with revenge porn is an understandably distressing situation, but you don’t have to face it alone – getting a knowledgeable solicitor on your side can make all the difference. This article will walk you through common concerns, such as whether you need a solicitor for revenge porn charges, what possible defences might be available to you, and whether you might be granted bail. Understanding the legal processes and your rights can greatly alleviate the stress of this experience, equipping you with the information you need to move forward effectively.

Do I need a solicitor for revenge porn?

The decision to engage a solicitor when faced with allegations of disclosing private sexual images or videos without consent, often referred to as “revenge porn”, is an important one. The complexities of this charge necessitate a thorough understanding of the law, as well as the potential consequences that may arise if convicted. In the UK, this conduct is deemed unlawful under the Sexual Offences Act 2003, the Criminal Justice and Courts Act 2015, and the Online Safety Act 2023.

Engaging a solicitor is advisable for several key reasons:

• Understanding the charge: A solicitor will help you comprehend the specific elements of the charge against you. Revenge porn cases can vary widely in context and severity, so grasping the details is crucial for mounting an effective defence.
• Getting legal advice and representation: A knowledgeable solicitor will offer advice on the best course of action and represent you in court if required. They will ensure your rights are protected throughout the legal process.
• Gathering evidence and preparing a defence strategy: An experienced solicitor will aid in collecting relevant evidence, identifying weaknesses in the prosecution’s case, and developing a robust defence strategy tailored to your situation.
• Navigating legal proceedings: The legal process can be daunting and complex. A solicitor will guide you through each step, from initial interviews and pre-trial hearings to the trial itself, ensuring that you understand every phase of the proceedings.

What are possible defences for revenge porn?

One potential defence to revenge porn is the lack of intent to cause distress. The law specifically targets those who disclose such images with the intention of causing distress to the person depicted in the image. If it can be demonstrated that there was no intent to cause harm, this may be used as a defence. For instance, if the images were shared mistakenly or without malice, this could potentially weaken the prosecution’s case.

Consent is another significant aspect that can be explored in a defence. If the accused can prove that the person in the images gave consent for the material to be shared, this can serve as a valid defence. Note, however, that consent must be explicit and freely given; assumed or coerced consent might not be sufficient.

A defence might also involve questioning the identity of the person who disclosed the images. In some cases, it is possible that the accused was not actually the person responsible for sharing the images. If there is insufficient evidence linking the accused to the disclosure, this doubt might work in favour of the defence.

Mistaken identity could serve as another line of defence. Hacking or someone posing as another individual online could lead to incorrect assumptions about who uploaded or shared the content. Highlighting such possibilities might help in challenging the claims made by the prosecution.

Will I get bail for revenge porn?

Bail is typically granted unless there are clear reasons to deny it. When deciding on bail for revenge porn charges, the court will consider several factors:

• Nature and seriousness of the offence: While revenge porn is a serious offence with potentially harmful consequences for the victim, it is not considered a violent crime. The court will assess the severity of the incident and its impact when deciding on bail.
• Previous criminal record: If you have a history of similar offences or any other relevant prior convictions, this could impact your chances of receiving bail. However, a first-time perpetrator with no prior record may have a better chance.
• Risk of failing to appear: The court will need to be satisfied that you will attend all future court dates. Consistent employment, strong family ties, and other indications of stability could support your case for bail.
• Risk of re-offending: If the court perceives there is a substantial risk that you might commit further offences if released on bail, this could negatively impact your bail prospects.
• Protection of witnesses or victims: In cases involving revenge porn, protecting the victim is a primary concern. Conditions may be imposed to ensure there is no contact with the victim or witnesses for the case.

Will I have to go to court if I’m arrested or charged for revenge porn?

Once an allegation of revenge porn is made, the police will typically begin an investigation to gather evidence. This can include collecting digital copies of the images or videos, social media or communication records, and any testimonies from involved parties. The outcome of their investigation helps determine whether there is sufficient evidence to charge you with an offence.

If you are formally charged, the decision to take your case to court usually rests with the Crown Prosecution Service (CPS). They will assess if there is a realistic prospect of conviction and whether it is in the public interest to proceed with the case. Thus, whether you will end up in court is not solely dependent on the initial accusation but also on this prosecutorial assessment.

Should your case go to court, it may be conducted in either a Magistrates’ Court or Crown Court, depending on the severity and complexity of the case and any legal submissions made during preliminary hearings. The courts will decide based on factors like the nature of the offence and the particulars of your personal legal situation.

You may also avoid a trial if your legal team can negotiate an alternative resolution, such as a caution, though this depends on early legal intervention and the specifics of your case.

Will I go to jail if found guilty of revenge porn?

Laws on revenge porn were introduced to tackle the growing issue of individuals maliciously sharing intimate images without consent with the rise of handheld devices and wider access to the Internet. The maximum penalty is a 2 year prison sentence. However, not everyone convicted will necessarily go to jail. Several factors are taken into consideration when a court decides on sentencing:

• Severity of the offence: The court will evaluate the extent of harm caused to the victim. If the publication of the images has led to significant distress or public embarrassment, a harsher penalty is likely.
• Intent: The primary intention behind sharing the images is crucial. If it can be proven that your intent was indeed to cause distress, this could lead to a more severe punishment.
• Your criminal record: Past behaviour may influence the sentence. A previous criminal record might weigh against you, especially if it includes similar or related offences.
• Mitigating factors: These might reduce your sentence. Mitigating factors could include demonstrable remorse, guilty pleas, or evidence of previous good character.

Will I go to jail if it’s my first offence of revenge porn?

If you are facing charges for the first-time distribution of revenge porn, you might be understandably worried about the potential consequences. Whether you will face a custodial sentence depends on several factors, including the severity of the offence, the harm caused to the victim, and any aggravating or mitigating circumstances.

The court will assess the nature of the offence, such as whether the distribution of the material was intentional and malicious, the extent of the distribution (e.g., whether it was shared widely or with a specific individual), and the impact on the victim. Revenge porn cases often involve significant emotional distress for the victim, and the court will take this into account when determining the sentence.

Can I get Legal Aid for revenge porn?

Legal Aid is financial assistance provided by the government to those who cannot afford legal representation on their own. Whether you qualify for legal aid depends on several factors, including your financial situation and the severity of any potential consequences of the case.

Where to get more help

Facing charges as serious as revenge porn can, understandably, feel overwhelming, particularly for those unfamiliar with the legal process. Having the right legal representation can make a significant difference in the outcome of your case and provide peace of mind during a challenging time. At Stuart Miller Solicitors, we are dedicated to offering comprehensive and compassionate support tailored to your unique situation. If you find yourself in need of expert legal advice or representation, get in touch for a free consultation.

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06:44 29 May 24

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17:12 17 May 24

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23:16 24 Apr 24

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20:24 06 Mar 24

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10:14 16 Feb 24

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15:27 08 Feb 24

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20:42 07 Feb 24

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20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

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12:36 22 Jan 24

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22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

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23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

Gabriel Chirwa

15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

Joyce Cunningham

05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

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