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Revenge porn grey area

4 replies

MrsHoodwink · 25/09/2018 11:47

Currently DP’s phone is broken so he uses mine for accessing his social media etc.

For context, over a year ago a girl messaged him saying she was attracted to him etc, and he was overly flirty in response. (No cheating or arrangements to cheat but he did say she was good looking).

Recently this girl sent him unsolicited nude photos. We are quite open with our social media’s and it was a shock to both of us when the messages were opened, she obviously had no idea we share a mobile. Due to my phone settings, photos on that app automatically save into my phone photo album. I deleted them of course.

I messaged her fuming and said not to do it again and now she says as I have seen them it’s breaking the law and she will be reporting me. As they were only meant for him.

I’m 100% sure he gave her no indication he wanted these photos or that they would be kept private, he didn’t even know he was getting them! And I’ve been approached by another female who’s boyfriend was also sent the exact same images and a video (but unfortunately he was caught cheating).

The grey area is when I look up the law on revenge porn it says if you show the photo you received that was intended to be private, to another person then you are breaking the law. But if both parties don’t consent to the privacy before the image is sent then does it “count” as an intentional upload to the internet with consent from the photos creator Confused

OP posts:
HouseOfGoldandBones · 25/09/2018 12:10

She's barking mad.

Does she think that if she miss-types a number & sends pornography to a random number that they would be guilty of revenge porn?

It seems that it's not illegal to send unsolicited pornography (Who knew?), but I think I would send her a message, advising that the images she sent were unsolicited, and if any future images are sent, then you will report to the police as harassment.

prh47bridge · 25/09/2018 13:25

as I have seen them it’s breaking the law and she will be reporting me

She's wrong. It is not an offence to look at a nude picture of someone without their consent. The offence is disclosing a sexual photograph or film without consent and with intent to cause the person distress. You haven't disclosed the photo to anyone.

FTCarer · 28/09/2018 12:04

She's distributing pornography, and if you didn't solicit it, it's not an issue for you to worry about facing a criminal charge.

prh47bridge · 28/09/2018 12:28

Unless the girl is under 18 it is not an offence even if the OP or her husband solicited the image. Distributing pornography is not an offence unless it involves child pornography or extreme pornography. However, the girl may have committed an offence under the Malicious Communications Act.

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