Senior Associate Solicitor, Abuse
The internet has revolutionised the way people work, shop, and socialise. It plays a fundamental role in day-to-day life, and its benefits for businesses and individuals alike are far reaching. However, like most technological advances, it’s not without its dark side.
While emails, video calls and social media make it far easier to stay in touch with friends and family, it also leaves users vulnerable to abuse – be that through cybercrime, online bullying, or even having intimate images shared online without permission.
Image based abuse, more commonly known as revenge porn, hit the headlines earlier this year when the social media personality Georgia Harrison made the brave decision to speak out about her ordeal, after her ex-boyfriend, Stephen Bear, was jailed for sharing a private sex video of them on the website OnlyFans.
We're rated‘Excellent’Ordinarily, victims of such abuse are given anonymity to protect them from media exposure, but speaking after the trial Miss Harrison said she had chosen to speak out – and to waive her anonymity - in order to stand in solidarity with anyone who had suffered in the same way that she had, and that she hoped to put others off committing this sort of crime.
A very powerful message, and a very brave thing to do.
Sadly, this sort of abuse is happening daily, and, with the internet becoming more and more accessible, and given the prevalence of recording devices such as mobile phones, the number of ‘revenge porn’, or image-based abuse victims, has increased significantly.
In 2020, a survey commissioned by the charity Refuge found that 1 in 14 adults in England and Wales have experienced threats to share intimate images or videos – equivalent to 4.4 million. Such threats are most prevalent amongst young people (aged 18-34), impacting as many as 1 in 7 young women.
72% of women affected received threats from a current or ex-partner, and 83% of women who experienced the threat from a current or former partner also experienced other forms of abuse.
According to refuge
‘Revenge porn’ was made a specific offence in the Criminal Justice and Courts Bill in 2014, and in June this year new laws were introduced to remove the requirement for prosecutors to prove perpetrators intended to cause distress by disclosing such material in order to secure a conviction.
However, the law still does not protect those who have only received threats to share intimate images and videos, despite evidence of the far-reaching consequences of such threats, with Refuge’s research also revealing that 83% of women affected said it had impacted their mental health and emotional wellbeing.
The charity said that more than 1 in 10 women felt suicidal as a result of the threat and 1 in 7 felt more at risk of physical violence.
These statistics are deeply concerning and highlight the desperate need for individuals affected to feel comfortable and confident in reporting the abuse and seeking redress.
Whilst deeply distressing for the victims of the cases that do hit the headlines, it is hoped that the high-profile conviction of Bear, and the recent change in the law which followed making it easier to convict perpetrators of such abuse, will act as a deterrent.
Likewise, recent decisions regarding compensation recognise the impact that such abuse can have on abuse survivors, with Harrison being awarded £200,000 by the courts. Speaking following the hearing, she said she would donate part of the settlement - when she received it - to multiple charities that had helped support her and other victims.
Ultimately, while the law is already in place to provide access to justice for victims of ‘Revenge Porn’ it’s imperative that people know that there is help out there. And, where the offender has assets, that it is possible for those who have suffered to access compensation to fund rehabilitation and therapy that could help them to overcome their ordeal.
Meanwhile it is also hoped that any changes to the Criminal Injuries Compensation Authority (CICA) Scheme, which was last updated in 2012, will reflect and recognise the real impact that image-based abuse has on individuals so that all victims will be able to access the support that they need.
While it’s clear that revenge porn has been increasing over the last few years, it’s likely that there’s been an even bigger spike during Covid-19 as the population has spent more time than ever online.
If you’ve experienced physical or sexual abuse, it is sometimes possible to make a claim for compensation directly from the abuser, their employer or other responsible party. However, if these options aren’t available to you and there are no alternative methods for you to seek justice, you may be able to make a claim through the Criminal Injuries Compensation Scheme.
The abuse team at leading law firm Simpson Millar has raised a total of £600 for The National Association for People Abused in Childhood (NAPAC), after walking more than 560 miles – smashing their original 458.4 mile target, which is the distance between all of the law firm’s offices and the charity’s offices.
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