header-logo header-logo

02 March 2021
Issue: 7923 / Categories: Legal News , Criminal , Privacy
printer mail-detail

Tackling sextortion, revenge porn & downblousing

Reforms to better protect victims of ‘downblousing’, revenge porn and other intimate image abuse have been proposed by the Law Commission.

It has identified gaps in the law: for example, upskirting is currently a criminal offence, but downblousing (taking an image, usually from above, down a female’s top) is not. Likewise, sharing an altered or faked image by, for example, adding someone’s head to a pornographic image, is not covered.

While motivations such as sexual gratification and causing distress are covered by current laws, other motivations, like coercion or sharing images as a joke, are not covered, the commission says. It said threats to share are not adequately covered by the law, especially when a threat is made to humiliate, coerce, control or distress an individual. 

To remedy these gaps, the commission proposes expanding the types of behaviours outlawed by existing criminal laws to include downblousing and sharing altered intimate images, such as deepfakes.

It proposes criminalising threats to share intimate images (including other forms of what it calls ‘sextortion’), and suggests giving automatic anonymity to all victims of intimate image abuse. Finally, it proposes creating a framework of four offences covering a broader range of behaviours and motivations.

The taking and sharing of intimate images without the subject’s consent can cause serious and significant harm to the victim, the Law Commission says, including depression, anxiety and post-traumatic stress disorder, worsening physical health, withdrawal from public or online spaces, financial harm through time off work and, in some instances, attempted suicide and self-harm. 

Professor Penney Lewis, criminal law commissioner at the Law Commission, said: ‘For victims, having their intimate images taken or shared without consent can be an incredibly damaging and humiliating experience.’

Julia Mulligan, Association of Police and Crime Commissioners victims’ co-lead, said: ‘The recommendation to extend anonymity to all victims of intimate image abuse, including so-called revenge porn, is absolutely the right one.’

Issue: 7923 / Categories: Legal News , Criminal , Privacy
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll