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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Photographed (almost) naked without consent

22 replies

incognitoforsafety · 17/10/2018 20:43

Hi, I'm trying to find out if this is classed as an offence. My husband took a photo of me in just my knickers without my knowledge (and therefore without consent) and sent the photo to a friend. He'd sent it before I even realised what he'd done. Apart from his behaviour being disgusting, would it class an an offence?

OP posts:

icelollycraving · 18/10/2018 07:34

I don’t have legal advice but hope you’re ok. You must feel really violated. Hopefully the legal experts can advise but I’d certainly pursue it.

Goandplay · 18/10/2018 07:40

Why did he do that?!

My instinct says that it is a criminal offence.

Desmondo2016 · 18/10/2018 07:44

Definitely could be dealt with as a criminal act depending on a few finer details of the facts of the case. But more than that, what the actual fuck? How bloody dare he? What is the back story/what's happened since?

MamaJune · 18/10/2018 07:45

Eurgh what a creep. Sorry op.

Original poster

incognitoforsafety · 18/10/2018 07:46

I was in a locked bathroom that he opened from the outside (one of those locks that can be turned with a coin from outside), I was drunk, we'd recently split up, now getting divorced. No idea why he did it.

OP posts:

Pinkyyy · 18/10/2018 07:49

I really feel for you OP, I'd be absolutely furious. My DH would never want anyone else to see me nearly naked!!

PaintingOwls · 18/10/2018 07:51

Could potentially fall under revenge porn. What a vile man.

cricketmum84 · 18/10/2018 07:51

Yes. Report to the police as soon as possible! Even more so in the circumstances!

PurpleWithRed · 18/10/2018 07:52

He did it to humiliate you and show he had power over you. It was an aggressive act. As you had recently split up and are getting divorced I would consider reporting it to the police on 101.

NotSureThisIsWhatIWant · 18/10/2018 07:53

If you are getting divorced, yes, it is something you can use against him to speed up the divorce process but if you are still with him, it may be very difficult to prove you didn’t consent to the photo.

I would say, however, that if you are still with him, I wouldn’t be worrying so much about the photo you found about but about other things he may be doing that you are not aware of.

CabinFever674 · 18/10/2018 07:56

Some odd advice on here.

It's a criminal offence (regardless of the divorce) falling under the revenge porn legislation. You don't need a criminal solicitor as they defend crime, the police will go through this with you if you want to make a complaint to them.

Hope you're ok OP.

cricketmum84 · 18/10/2018 08:01

@CabinFever674 what's the odd advice?

Everyone has said yes it's a crime and to report - same as you?

Original poster

incognitoforsafety · 18/10/2018 08:10

Thank you for your help. I have reported this along with sexual assault and coerced sex but didn't know if this would class as anything or just further example of his horrible behaviour. He's worse than I thought (not envy)

OP posts:

MamaJune · 18/10/2018 08:48

How did you find out about the photo and message? Is there anyway you could photograph his phone as proof?

Original poster

incognitoforsafety · 18/10/2018 09:03

To be honest I can't remember if he told me or the friend. He was laughing about it but friend was horrified and deleted it.

OP posts:

CabinFever674 · 18/10/2018 18:46

@cricketmum84 people suggested it was a crime because of the divorce and that she should get a solicitor. I think I was quite clear.

Original poster

incognitoforsafety · 18/10/2018 21:27

So it's a crime because we had already separated and are getting divorced? Not sure I follow.

OP posts:

slithytove · 18/10/2018 21:53

It is a crime full stop.

Those suggesting that it is only a crime because of the divorce are incorrect.

Criminal act regardless of your relationship.

Hope you are ok op.

Original poster

incognitoforsafety · 18/10/2018 22:02

Ah ok, thanks. Yes, I'm ok, thank you. It feels a bit other worldly really so I tend to joke about it as otherwise the seriousness of the allegations has me panicking. The police are involved, there's a crime number and investigating officer allocated (if that's the right term), I've been video interviewed but they are focusing on much more serious events although took an interest in the photo and asked lots of questions hence me asking what I did.

OP posts:

prh47bridge · 18/10/2018 23:07

The divorce is irrelevant. The offence is disclosing private sexual photographs and films with intent to cause distress - this is commonly referred to as revenge porn. It is an offence regardless of the relationship between the accused and the victim. The question is whether he intended to upset you or shared the photo for some other reason. The fact that sharing the photo would upset you is not enough to make it an offence - Criminal Justice and Courts Act 2015 S33(8).

Original poster

incognitoforsafety · 18/10/2018 23:42

I think he just thought it funny. I was unaware he was taking the photo, didn't consent to the photo being taken, couldn't consent as drunk, and didn't know, and didn't know he'd taken it and sent it until he'd actually done so. I didn't realise it would class as revenge porn, thank you.

OP posts:

pallisers · 18/10/2018 23:47

Sorry, OP, but I don't think he just thought it funny. Given what else you have posted, I suspect he thought it would be coercive and abusive and sexually threatening - which are things he likes to be. That's why he did it.

I hope you are safe and am so sorry all of this has happened to you.

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