Olivia Barry of WTB looks at Revenge Porn law in the UK and whether it is a form of domestic abuse.
It’s been all over social media this last week, but just in case you’ve been living under a rock – or alternatively are not a big fan of the Kardashians, then let me explain.
Last week, Rob Kardashian posted numerous explicit photographs of his ex girlfriend and mother of his child Blac Chyna on his Instagram and twitter account. She has been in court this week and has been granted a restraining order against Mr Kardashian.
This type of offence has become more widely known as ‘revenge porn’.
However it wasn’t until relatively recently in the UK that this became a criminal offence. In April 2015,
the Criminal Justice and Courts Act 2015 was introduced which makes it illegal to ‘disclose a private sexual photograph or film if the disclosure is made…without the consent of an individual who appears in the photograph or film, and with the intention of causing that individual distress’. The offence carries with it a maximum sentence of two years imprisonment.
The Serious Crime Act 2015 was also introduced which creates a new offence of controlling or coercive behaviour in intimate or familial relationships and carries a 5 year prison sentence or fine, or both.
The government define controlling behaviour as:
‘a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour’
and coercive behaviour as:
‘an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim’.
Therefore not only is revenge porn a criminal offence, it is in fact a form of domestic abuse which the law also protects against. An application can be made to the family court for an order to protect you against this abuse.
But what is domestic abuse? We at WTB see many clients who believe domestic abuse is only physical. THIS IS NOT THE CASE. The government definition of domestic abuse is:-
“any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to, psychological, physical, sexual, financial and emotional.”
If you believe you are the victim of any behaviour by your partner as described above, you can apply to the family court for what is known as a non molestation order to protect you. A non-molestation order prohibits a person from molesting another person who is associated with them. They can be made without notice to the other person if it is particularly serious. The breach of the order can lead to imprisonment for contempt of court.
Please don’t hesitate to contact us at WTB, or ring us directly on 0161 224 3311 where we can assess you for legal aid, and help guide you through the court process, in what we understand is an extremely difficult time for you.