How the law is responding to online abuse

Posted on: 5 mins read
Joshua Hurst

Associate Solicitor, Abuse

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Abuse no longer requires perpetrators and victims to share the same physical space, says Joshua Hurst, an Associate Solicitor in our Abuse team. A phone, a laptop or a games console is now enough for someone to be groomed, coerced, harassed or exploited, often by someone they have never met in person. This shift has changed what abuse looks like, and it has left the law working hard to keep pace.

 

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The changing landscape of abuse

Digital platforms have given perpetrators new ways to reach victims, and new ways to hide. Grooming can now happen across multiple apps at once, moving from a public game or forum into private messaging within minutes. Perpetrators can build trust behind a fake profile, target several victims at the same time, and disappear the moment they are reported.

The scale is part of the problem. A single perpetrator can contact hundreds of potential victims without leaving their home, and images or videos can be copied, shared and re-shared long after the original abuse has ended. For victims, this can mean the harm does not have a clear endpoint. Content can resurface months or years later, and the psychological impact of this ongoing exposure is now well understood by those working in safeguarding and mental health.

Young people are especially at risk, as they spend a significant part of their social lives online, but adults are affected too, through image-based abuse, coercive control carried out via messaging apps, and harassment that follows them across platforms.

 

What UK law currently says about online abuse

The UK's legal framework has developed in stages to try to address these harms.

The Online Safety Act 2023 places duties on platforms to assess and manage the risks of illegal content on their services, including child sexual abuse material, and where appropriate, to remove such content and carry out regular risk assessments of the harm their services could cause. Ofcom, the regulator responsible for enforcing the Act, can fine platforms up to £18 million or 10% of their global turnover, whichever is greater, and in limited circumstances, creates potential criminal liability for senior managers who fail to comply with certain regulatory requirements. The Act also introduced new criminal offences, including cyberflashing and the non-consensual sharing of intimate images.

Alongside this, existing legislation continues to apply to online conduct. The Sexual Offences Act 2003 creates offences relating to grooming and sexual communication with a child regardless of the setting in which it takes place. The Protection from Harassment Act 1997 addresses stalking and harassment carried out through digital means, including repeated unwanted contact and monitoring.  Depending on the circumstances, victims may also have grounds for a civil claim, separate from any criminal prosecution.

Compensation law has also had to catch up with online abuse. The Criminal Injuries Compensation Scheme, which provides government-funded compensation to eligible victims of violent crime through the Criminal Injuries Compensation Authority (CICA), was historically interpreted as applying to crimes involving physical contact or the immediate threat of it, which left many victims of purely online abuse without an obvious route to a claim. In RN v CICA [(2023], the Court of Appeal confirmed that a victim of serious online grooming and abuse, who had never met his abuser in person, could still qualify as the victim of a crime of violence under the Scheme. The judgment was an important step for victims, though it has not settled every question, and each case still turns on its own facts.

Implementation of the Online Safety Act is ongoing, with different duties coming into force at different times through 2025 and 2026. This means the practical protection available to victims is still evolving, even as the legal principles become clearer.

 

 

The challenges surrounding legal action against online perpetrators

Taking legal action against someone whose abuse took place entirely online brings a distinct set of challenges.

Anonymity is often the first obstacle. Perpetrators frequently use fake names, false locations and disposable accounts, which can make identification difficult without the co-operation of the platform involved or specialist digital investigation.

Jurisdiction adds a further layer of complexity. A perpetrator may be based outside the UK, on a platform hosted in another country, while the victim is based in the UK. This can complicate criminal prosecution and civil action alike, as different legal systems apply different standards and processes.

Evidence also needs careful handling. Messages, images and account activity can be deleted, altered or hidden, so timely preservation of digital evidence is important to any case, whether criminal or civil.

Recognition of harm is another challenge. Because online abuse does not involve physical contact, victims can be told, wrongly, that what happened to them does not count as a serious crime. Coercion, blackmail and psychological domination carried out entirely through a screen can cause real, lasting injury, and the law continues to evolve in response to what that means for access to support and compensation.

Finally, the process itself can be difficult for victims to face. Reliving the abuse through police interviews, court proceedings or a civil claim takes real courage, and victims deserve clear, honest information about what each step of the process will involve.

 

How we can help

Our Abuse team supports people affected by abuse that has taken place online, including grooming, image-based abuse and harassment carried out through digital platforms. We help victims understand whether a civil claim or a criminal injuries compensation claim may be possible, alongside or separately from any criminal case, and we explain each stage of the process in plain English, so you know what to expect and when.

  • If the online abuse was perpetrated by an employee of an organisation, for example a teacher or care worker, then we may be able to help you with a claim against their employer.
  • If the abuser was a sole individual who has been convicted of the offences against you, and they have assets in excess of £500,000, then we may be able to help you with a civil claim against them specifically.
  • If the individual has not been convicted or does not have sufficient assets, you may still be able to make a Criminal Injuries Compensation claim for the abuse that occurred. 

We work closely with individuals to gather and preserve digital evidence, and where a perpetrator's identity or location is not immediately clear, we can advise on the legal options that may be available and the practical steps that can be taken to establish who is responsible. We understand that every case is different, and we take the time to listen and build a claim around your individual circumstances.

If you, or someone you know, has been affected by online abuse, our Abuse team can talk you through your options and what support is available. Call us on  0808 239 5461, or request a callback at a time that suits you. A member of our team will discuss your circumstances during a free, no-obligation claim assessment.

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References:

Simpsonmillar.co.uk. (2019). Joshua Hurst. [online] Available at: https://www.simpsonmillar.co.uk/our-people/joshua-hurst/

www.simpsonmillar.co.uk. (2023). Physical and Sexual Abuse Claims | Simpson Millar Solicitors. [online] Available at: https://www.simpsonmillar.co.uk/abuse-claims-solicitors/

Legislation.Gov.UK (2023). Online Safety Act 2023. [online] Legislation.gov.uk. Available at: https://www.legislation.gov.uk/ukpga/2023/50

Gov.Uk (2020). Protection from Harassment Act 1997. [online] Legislation.gov.uk. Available at: https://www.legislation.gov.uk/ukpga/1997/40/contents

GOV.UK. (n.d.). Criminal Injuries Compensation Authority. [online] Available at: https://www.gov.uk/government/organisations/criminal-injuries-compensation-authority

Cooney, F. and Oxley, G. (2025). Compensation for criminal injuries. [online] House of Commons Library. Available at: https://commonslibrary.parliament.uk/research-briefings/cdp-2025-0085/

Joshua Hurst

Associate Solicitor, Abuse

Areas of Expertise:
Abuse Claims

Joshua works as an Associate Solicitor in our Abuse Department, which operates under the leadership of Liam Goggin.

Joshua has been with Simpson Millar since 2019, where he started as a Paralegal in the Abuse Department, a role he stayed in for two years. His dedication and drive then led him to a position as a Trainee Solicitor, where he worked in the Industrial Disease and Military Claims Departments. His passion for representing victims of abuse made him return to the Abuse department, where he completed his training contract and began working as a Solicitor.

He takes immense pride in representing victims of abuse, deeply valuing the trust his clients place in him. Every day, he's reminded of the importance of listening attentively, acting in the clients' best interests, and guiding them through their challenging moments. Ever since he began his legal career, Joshua knew he wanted to help represent victims of abuse. It means a lot to him when clients trust him with their stories and cases. His main goal is to help his clients as much as he can, so they can start to heal and move on.

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