Revenge Porn Offences Explained: What Happens After an Allegation?
If you are reading this because you are worried about a revenge porn offence, it is likely that an allegation has already been made or that police involvement feels imminent. These accusations often come without warning and can escalate quickly, leaving individuals feeling shocked, ashamed, and unsure where to turn.
Revenge porn allegations are treated seriously by the courts and carry significant legal and personal consequences. Even before any charge is brought, investigations can affect your employment, relationships, and mental wellbeing. Understanding how the law approaches these offences, and what happens after an allegation, is essential if you are facing this situation.
Early legal advice can make a meaningful difference to how a case develops.
What Is a Revenge Porn Offence Under UK Law?
A common question people ask is what the law actually considers to be a revenge porn offence. These offences are formally known as disclosing private sexual photographs or films without consent and with intent to cause distress. They are governed by section 33 of the Criminal Justice and Courts Act 2015.
The offence applies where a private sexual image or video is shared without the consent of the person depicted, and where the purpose is to cause distress. The image does not need to be shared publicly. Sending it to one individual can be enough.
Images may include photographs or videos showing sexual activity, nudity, or private acts. The law focuses on consent, intent, and the nature of the material, rather than how long ago the image was created.
How Revenge Porn Allegations Commonly Arise
When people are accused of a revenge porn offence, allegations often arise following the breakdown of a relationship. However, this is not always the case. Complaints can also come from misunderstandings, disputes over consent, or third-party reports.
Common scenarios include:
- sharing images during arguments or relationship disputes
- forwarding images to friends or acquaintances
- images being accessed through shared devices or accounts
- allegations made long after the images were originally created
In some cases, the accused person believed they had consent, or did not intend to cause distress. These issues are central to how a case is assessed and defended.
What Happens After a Revenge Porn Allegation?
Once an allegation is made, police will begin investigating whether a revenge porn offence may have been committed. This often involves seizing mobile phones, laptops, and social media accounts to examine messages, image histories, and metadata.
You may be asked to attend a voluntary interview or be arrested. Regardless of how police contact you, it is crucial to speak to a solicitor before answering any questions. The way an interview is handled can significantly affect whether charges are brought.
Many cases hinge on intent and consent, both of which require careful explanation and supporting evidence.
The Role of Digital Evidence
Digital evidence is central to almost every revenge porn offence investigation. Police may analyse messages, timestamps, cloud storage, and account access to establish how an image was obtained and shared.
This evidence is not always straightforward. Devices may be shared, accounts may be accessed by others, or images may be automatically backed up or forwarded without deliberate action. These technical details can be critical to the defence and must be examined carefully.
Early legal advice ensures that evidence is not misinterpreted or taken out of context.
Revenge Porn Sentencing Guidelines
One of the most pressing concerns following an allegation is potential sentencing. A revenge porn offence is an either-way offence, meaning it can be dealt with in the Magistrates’ Court or the Crown Court depending on seriousness.
Possible outcomes include:
- community orders
- fines
- suspended prison sentences
- immediate custody in more serious cases
The court will consider factors such as the extent of sharing, the level of distress caused, planning, and any breach of trust. Aggravating factors may include repeated behaviour or attempts to threaten or coerce.
Mitigation can include lack of previous convictions, evidence of limited distribution, and early engagement with legal advice.
Long-Term Consequences of a Conviction
A conviction for a revenge porn offence can have long-lasting consequences beyond any immediate sentence. These may include difficulties with employment, damage to reputation, and restrictions on internet use.
In some cases, individuals may also face related allegations, particularly where historic communications or images are examined. This can overlap with investigations into
historical sexual offences,
which is why comprehensive legal advice is essential when digital material is involved.
Possible Defences to Revenge Porn Allegations
There is no single defence that applies to every revenge porn offence case. Each situation depends on the specific facts and evidence.
Possible defence issues may include:
- lack of intent to cause distress
- consent to sharing the image
- disputed ownership or control of accounts
- third-party access to devices
- unlawful or flawed evidence handling
Intent is a key element of the offence and must be proven by the prosecution. Where intent is unclear or disputed, a strong defence may be available.
Why Early Legal Advice Is So Important
If you are under investigation for a revenge porn offence, timing is critical. Early advice can influence how interviews are conducted, whether charges are brought, and how digital evidence is assessed.
Nelson Guest’s specialist Revenge Porn Offences Solicitors provide discreet, strategic representation at every stage of an investigation.
We also offer wider support through our Sexual Offences Defence services, ensuring your case is handled with care, professionalism, and urgency.
Speak to a Solicitor in Confidence
If you are facing an allegation or investigation relating to a revenge porn offence, do not wait for matters to escalate. Early legal advice can protect your rights, your reputation, and your future.
You can contact our team confidentially via ourContact page.
We understand how distressing these allegations can be and will guide you through the process with clarity, discretion, and experience from the very first conversation.