Recent headlines have reported on the criminal case of Eleanor Brown, who has been jailed for consecutive terms of two and one years for each of the charges of disclosing private photographs without consent. The trial revealed an extensive and prolonged attack on the woman involved, with Judge Alexander Menary reporting that Brown’s actions were ‘vindictive, selfish and vengeful.’ In a statement, the woman reported living in ‘constant fear’ of the photos being shared again.
The extensive jail term in this case not only highlights the severity of the crime and its profound, long-lasting impact on the individuals affected, but also underscores the urgent need for stronger, permanent legal protections for victims-survivors of intimate image abuse to prevent the redistribution of NCII.
Current laws enable non-consensually shared intimate images (NCII) to continue causing harm even after perpetrators are convicted. The Revenge Porn Helpline has witnessed first-hand how criminals can use these images to inflict long-lasting trauma, and we continue to campaign for new legislation to protect victims-survivors from ongoing abuse by ensuring that all NCII is classified as illegal and removed online.
It’s Time to Make NCII Content Illegal
As we shared at our recent panel in Parliament, new legal amendments need to be made to ensure that intimate images are classified as illegal. It is clear that, despite the Government claiming, the Online Safety Act will not change the situation. Currently, the Revenge Porn Helpline has found over 30,000 intimate images that are unable to be removed online due to issues with the law, international boundaries and non-compliant websites. In many instances, if an intimate image is hosted on a website outside of the UK in a country that allows this form of content, it can become significantly harder to remove – meaning that images need to be prevented from circulating as quickly as possible.
It is essential that more is done to ensure intimate images can’t be redistributed after their removal, and we encourage the Government to realise the impact that classifying intimate images as illegal through a NCII Register will have on protecting individuals affected by this crime. An NCII Register would ensure that a list of specific videos and images could be classified as illegal through a court process, resulting in strengthened abilities to remove content and allowing internet service providers to block people from viewing content further. Alongside this, databases such as StopNCII.org could help to protect all registered content from being shared across the social media and adult content websites it partners with – resulting in a coordinated and efficient removal of these images.
We have found that the law is currently inadequate at creating long-term protections for victim-survivors of intimate image abuse: legal loopholes allow criminals that have already been convicted of illegally sharing intimate images to keep the intimate images they were found guilty of sharing. A court-ordered deletion of illegal content and the permanent confiscation and destruction of devices that contain illegally shared NCII is essential in ensuring the long-lasting and impactful protection of victim-survivors from further abuse.
A Need for Consistent Sentencing Procedures
Alongside demonstrating the importance of making non-consensually shared intimate images illegal, this significant conviction brings into question why sentencing procedures for intimate image abuse crimes remain so inconsistent. As we’ve seen in the case of Eleanor Brown, who has duly received one of the most significant sentences we have seen for the non-consensual sharing of intimate sexual images, it has also highlighted the vast disparity between sentencing for this crime.
As with many forms of tech-based abuse, individuals affected by intimate image abuse often face multiple barriers preventing them from accessing justice, which frequently stems from a sense of impunity connected to the severity of online harms. These barriers can be found throughout the system, from inadequate law enforcement responses to inappropriately diminished criminal sentencing and must be addressed systemically.
The current lack of consistency in judges and magistrates following NCII sentencing guidelines can discourage victims-survivors from accessing the legal support and justice they deserve, contributing to a growing sense of isolation and lack of justice for those involved. It is essential that, as per the sentencing guidelines, prosecutors acknowledge the long-standing impact of this form of abuse, and the distress and humiliation that is intended to the victim when a perpetrator distributes NCII.
Many victim-survivors of this criminal form of abuse feel isolated and devastated around the potential damage that circulated images could have on their future, and the impact of intimate image abuse can never be understated. With nearly 60% of individuals who contact the Revenge Porn Helpline requiring signposting to mental health services, it is vital that sentencing reflects the severity of this crime, and for prosecutors to follow sentencing guidelines appropriately.
Accessing Legal Advice and Emotional Support for NCII
Whilst there is significant room for improvement within the systemic response to intimate image abuse, the Revenge Porn Helpline continues to work tirelessly to campaign for the legal amendments required to ensure all victims-survivors of intimate image abuse receive the justice they deserve.
Our website provides information around the free legal advice and support available across the UK, including from the SPITE Project at Queen Mary’s Legal Advice Centre. Alongside this, emotional support services that can help provide assistance to anyone who’s mental health and wellbeing have been affected by this form of abuse can be found below.
The Revenge Porn Helpline remains dedicated to supporting all adults in the UK who have been affected by intimate image abuse, and can provide support and guidance by contacting 0345 6000 459 or emailing help@revengepornhelpline.org.uk
