Revenge Porn Offenders Face Tougher Penalties

Individuals who send sexually explicit images to victims’ families will face tougher penalties under new draft guidelines.

The Sentencing Council for England and Wales, the body which promotes greater consistency in sentencing across the courts while seeking to increase public understanding of decisions made by judges, is beginning a consultation on proposed rules for judges and magistrates when punishing revenge porn perpetrators in England and Wales.

The guidance is the first to deal with offences involving disclosure of private sexual images without consent, stalking and controlling and coercive behaviour which have come into force in recent years.

The revenge porn offence, which carries a maximum prison term of two years, was introduced in April 2015 following calls from campaigners and victims. More than 200 prosecutions for revenge pornography have been brought since the legislation came into effect.

The draft guidelines detail circumstances that could constitute the highest level of culpability and so attract a sentence at the upper end of the recommended scale. Behaviour calculated to cause maximum distress, such as sending images to a victim’s family who are very religious, or to a young family member, will come into this category.

Sophistication of offence will influence sentencing

Cases which are deemed ‘sophisticated’ or involve significant planning would also be regarded as particularly serious under the new guidelines. Such cases, for example, might include the setting up of fake social media profiles or websites in the victim’s name to upload offending material. A sophisticated offence could also involve setting up spyware to track and monitor mobile phone and laptop use. Those who distribute images in large numbers would also be considered as being in the most serious bracket.

Sentencing Council member Mrs Justice McGowan said: “These offences can be particularly sensitive and distressing, leading to very significant harm to victims. The new guidelines we are proposing will help ensure sentences reflect the seriousness of these offences and take into account the increases in sentence levels for stalking and harassment introduced by Parliament.”

Javed Khan, chief executive of children’s charity Barnardo’s, said: “The devastating effects of sharing sexual images without consent can never be underestimated and often leaves young lives in tatters. Offenders must pay for their actions and we must make sure those affected are given the support they need.”

Sentencing guidelines must be followed unless a judge or magistrate feels it is not in the interests of justice to do so.

Domestic abuse should be punished more severely than non-domestic, judges told

Meanwhile, draft guidelines published by the Sentencing Council state that domestic violence should be punished more severely than similar attacks against strangers outside the home.

The guidelines, if adopted, would replace extant directions on sentencing which state that offences committed in a domestic context “should be seen as no less serious than those in a non-domestic context.”

The new guidance says an offence in a domestic context increases its seriousness because “Domestic abuse is rarely a one-off incident; it is likely to become increasingly frequent and more serious the longer it continues, and may result in death.”

Tackling domestic violence is a ministerial priority

Justice secretary Liz Truss welcomed the new guidelines, saying: “Domestic abuse shatters lives and destroys families. It is right that our courts recognise this and that punishments properly fit these abhorrent crimes. Tackling domestic abuse is a priority for the prime minister, so I am working with the home secretary to leave no stone unturned in delivering a system that protects victims and increases convictions.”

Prime minister Theresa May earlier this year said it was a key personal priority to transform the way the UK thought about tackling domestic violence. She has called for ideas about how the treatment of victims can be improved and how a greater number of convictions can be secured against abusers.

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