Section 33 of the Criminal Justice and Courts Act 2015 came into force on the 13th April 2015 and created the new sexual offence of disclosing private sexual videos and photographs with the intent of causing distress to the subject - commonly referred to as ‘revenge porn’.
However, The Domestic Abuse Act 2021 has extended the reach of section 33 to the effect that threatening to disclose such material will also constitute a criminal offence. In this article, we answer some common questions you may have about actions which may be caught under revenge porn laws.
What amounts to an offence under section 33?
Under section 33, it is an offence for someone to share a private sexual image or video of someone without their consent or to threaten to share a private sexual video or image with the intention of causing them distress. The video or image may be shared online or offline.
What type of video or image would qualify as revenge porn?
To fall within the scope of the offence, the video or image must be private and sexual. For example, this may include exposed genitals, a photo or video of someone engaged in a sex act or sexual behaviour, or a photo or video where the person is acting in a sexually provocative way that would not normally be seen in public.
What sentence can you receive for revenge porn?
If convicted of an offence under section 33, you could face up to two years imprisonment.
What defences are there to this offence?
There are certain specific defences set out in the legislation.
- Firstly, where the photo or video is shown only to the person featured in the photo or video, this will not constitute a criminal offence.
- Where the person reasonably believes they are disclosing the material for the purposes of preventing, investigating or detecting a crime, this will be a defence.
- It will be a defence where the person charged with the offence can demonstrate that they made the disclosure in the course of publication of journalistic material and that it was in the public interest.
- It is a defence where the person charged with the offence can demonstrate that they reasonably believed that the material had previously been disclosed for reward, either by the person making the allegations or by another party, and they have no reason to believe this disclosure was made without consent.
Contact our Revenge Porn Defence Lawyers (Yorkshire, London, Birmingham, Manchester)
If you are facing allegations of revenge porn, our sexual offences solicitors are ready to advise and assist you. We guide our clients through an experience that can feel overwhelming, but we will support you every step of the way. For the help you need, please contact Stuart Sutton on 07798753720 or email at This email address is being protected from spambots. You need JavaScript enabled to view it..
