In response to an increasing number of cases involving naked pictures of partners, or ex partners being made public, in order to humiliate those who have sent them privately, Section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 came into force on 28 April 2016.
It creates a new statutory offence of making public, or threatening to make public, video footage or photographs (material) of another person in an intimate situation. This offence targets individuals who have been given such material privately, most often when in a relationship, for their exclusive personal attention, and that person then makes the intimate material available to others without the consent of the person.
Do not delay, time is vital in order for us to properly examine the evidence against you, contact potential witnesses, ensure timelines are consistent with the evidence and investigate many other aspects in order to create your strongest legal defence.
We have successfuly defended revenge porn cases despite apparent overwhelming evidence which could have lead to a significant jail sentence. Call our national helpline 0800 567 7810 now or our local numbers. Alternatively, complete a contact form or request a call back.
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For the offence to be complete it has to be done either with the intention of causing fear, alarm or distress, or where the accused is reckless as to whether it may cause fear, alarm or distress to the provider of the material.
An intimate situation is where the individual is either naked or wearing only underwear in circumstances where they would not otherwise have wanted to be seen by others.
It is a defence if the material was taken in the public, or has previously been disclosed to the public by the individual, or with the individual's consent.
We represented a client who had been in a long term relationship, during which he was sent naked pictures by his partner which he had retained. After an acrimonious separation, our client was accused of threatening to send these pictures to others. He was prosecuted under this Act but after viewing all the evidence we were able to persuade the prosecutor to discontinue the prosecution due to a legal technicality relating to the admissibility of certain evidence.
It is a serious charge, and often attracts a custodial sentence with in severe cases, can be up to 5 years imprisonment.
Penalties for revenge porn can be severe. If you have been charged with revenge porn, it is imperative that you obtain competent and expert legal advice as fast as possible. This is a highly specialised area of the law and selecting the right Solicitor Advocate is vital.
Don't delay! You can Contact us by form or by phone on 0800 567 7810 to find out what can be done.