Revenge porn: What it is and what you can do if you're a victim

Revenge porn has hit headlines once again after Rob Kardashian posted several intimate photos of ex-fiancée Blac Chyna on social media. The youngest Kardashian’s Instagram account was suspended but his Twitter account remains active (although the photos in question have been removed).

Revenge porn became a criminal offence in England and Wales in April 2015. Since then, over 200 people have been successfully prosecuted.

However, statistics revealed that 61% of all reported offences between 2015 and 2016 resulted in no action. Police noted that this was down to a lack of evidence or the victim taking back their original statement.

“We saw a huge rise in revenge porn cases in the period between 2012 and 2015,” Iain Wilson from Brett Wilson Solicitors told Yahoo Style UK. “I have no doubt that the sudden explosion of revenge porn cases in the first half of the decade was as a result of the development and widespread use of modern smartphones.”

“Modern phones make it too easy and people can take and publish an image or video within seconds without thinking about it. Once a digital file has been released, it can be resent over and over again. As privacy lawyers like to say, ‘you cannot put the privacy genie back in the bottle.'”

Here’s everything you need to know about revenge porn including what to do if you are a victim:

What is revenge porn?

Revenge porn is a term “used to describe the unauthorised sharing of intimate private photographs or videos,” says Wilson. “It is so-called because it is often carried out by spurned or jealous lovers publishing the material on the Internet, thereby turning their victim into an unwitting ‘porn star’.”

A “private” photo or film is classed as one that depicts a person’s genitals or shows them engaging in a sexual act or posing in a sexually provocative way that would not be ordinarily seen in public.

For the offence to be deemed as revenge porn, the sexual content must have been uploaded on the Internet, shared on social media, sent over text or email or physically showed in person.

A person will only have committed revenge porn if their purpose for sharing the content is to harm, embarrass or distress.

Is revenge porn a criminal offence?

Yes, since April 2015, revenge porn has been classed as a criminal offence in England and Wales. It carries a maximum sentence of two years imprisonment.

Down to the nitty gritty part. Under section 33 of the Criminal Justice and Courts Act 2015, it is a criminal offence to “disclose a private sexual photograph or film if the disclosure is made (a) without the consent of the individual who appears, and (b) with the intention of causing that individual distress.”

As well as breaking that particular law, perpetrators of revenge porn may also commit a number of other criminal offences.

These include:

• Sending a communication with intent to cause distress or anxiety

• Harassment

• Stalking

• Unauthorised computer access

• Blackmail

What can you do if you’re a victim of revenge porn?

The first thing to do is remain calm, says Wilson. “It is important that you know that there are things you can do and that you remember that the feeling of panic you have will pass. Try to stay calm because your initial reaction may prove important.”

Before even thinking about going to the police, you should gather as much evidence as possible. Take screenshots of any offensive content and try and include the URL or platform it was shared on. If you have any messages, keep them together with the dates and times they were sent.

Your first instinct may be to report the content and ask for it to be removed. The Revenge Porn Helpline advises that you contact the police first as you may risk having the evidence removed.

In terms of the person responsible, it’s best not to communicate with them and block their number as well as on all forms of social media. It’s also a good idea to set your privacy settings on Facebook, Instagram and the like to the maximum.

Next comes the potentially scary part: the police.

“Some people can be reluctant about going to the police,” Wilson notes. “Victims can feel embarrassed or (quite wrongly) ashamed. They may also be concerned that going to the police might prompt further action (even though normally it does not).”

“Finally, some may not want to make a criminal complaint against a former partner or want to have involvement with the criminal justice system and all that entails (e.g. giving evidence).”

The Revenge Porn Helpline states that the police are the right route to go down, commenting that “it may well feel like an intimidating prospect, but they are the right people to take action for you.”

You can either visit your local police station or call the police on non-emergency number 101. Be prepared to give a statement and have as much evidence gathered as possible. Keep a record of the case number for any future updates.

Wilson admits that “there is a gap” in the law when it comes to revenge porn. He laid down exactly what is needed to obtain a guilty verdict in court and it’s all to do with motivation and intent.

“It is necessary for a prosecutor to prove beyond a reasonable doubt that the defendant intended to cause distress by disclosing intimate images. The fact that distress is a reasonably foreseeable consequence will not suffice.”

“Thus, someone who shares intimate images as ‘gossip’, a bad joke, to brag and/or for financial gain may not be committing the revenge porn offence. The relevant motivation must be present. However, where a prosecution is brought there will often be clear evidence of motivation, for example messages/threats and accompanying text.”

How do I remove offensive images from the Internet?

Luckily, most search engines and social media sites have dedicated contact forms for victims of revenge porn. Most social media platforms do not allow nudity and the majority of porn sites only allow images or films that have been uploaded with consent.

Under the Digital Millennium Copyright Act 1999, if you took the picture yourself, you own the copyright. Therefore, you can file a copyright claim to request that the image or film be taken down.

You can report revenge porn on Facebook, Twitter, Instagram and Snapchat.

You can even request that any offensive content be removed from search engine listings. Google has an easy-to-use tool where you can report non-consensual content. They also introduced a “right to be forgotten” rule which means that you can ask for the entire content to be deleted – not just the references to your name.

Yahoo and Microsoft also have similar forms.

Can I take civil action?

Yes, you can. In fact, many people may find this a more suitable and less scary option than going down the criminal route.

If you know the person responsible for the revenge porn, you can apply to a local court for an injunction. This will stop the perpetrator from posting the image or film anywhere online.

In order to apply for this, there must have been at least two incidents of harassment. However, you don’t need proof as a court will accept your statement.

The process doesn’t take long either. Once you have submitted your application, a judge will usually take a look on the same day and grant or deny the injunction a couple of hours later.

You don’t need a solicitor either but legal experts recommend that you hire one just to look over your application.

You will have to go into the courtroom for a few minutes but there will be no one present except for the judge, the judge’s clerk and yourself.

An injunction is usually granted for a period of 12 months. After that, the court will arrange another hearing known as a ‘return date’. This is where the perpetrator will have their chance to respond to the allegations.

If you are worried about being in the same room as the other person, you can ask for special measures to be implemented such as a security guard and separate waiting areas.

If you are granted an injunction and the person breaks it, you must contact the police immediately. The punishment for this is up to two years in prison or a fine or both.

Wilson notes that revenge porn victims going down this road should keep the matter confidential and only tell one or two people to avoid undermining their case.

If you are a victim of revenge porn and need further assistance, contact the Revenge Porn Helpline on 0345 6000 459. You can also support the helpline by donating to their fundraiser.

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