Sentencing Guidelines introduced for ‘revenge porn’ and other intimidatory offences

The Sentencing Council has published definitive guidelines for intimidatory offences covering harassment, stalking, disclosing private sexual images ('revenge porn'), controlling or coercive behaviour and threats to kill.

Until the publication of these guidelines limited assistance was available for the sentencing court.  This is the first time any guidance has been given for stalking, revenge porn and controlling and coercive behaviour.

The offence of disclosing private sexual images or ‘revenge porn’ was introduced in 2015 and carries a maximum of two years' imprisonment.  In 2016/17 there were 465 prosecutions for revenge porn allegations in England and Wales.  The guideline makes it clear that perpetrators who make ‘repeated efforts to keep images available for viewing’ by setting up fake social media profiles, are to be dealt with more severely.

The guidelines reflect the recent changes in the maximum sentences for the aggravated forms of stalking and harassment (i.e. which involve putting the victim in fear of violence) which have increased from five years to 10 years.

Sentencing Council member Judge Rosa Dean said: 'Our guidelines recognise and reflect the very intimate, personal and intrusive nature of these offences, which can have devastating, often long-term impacts on victims and their families. They will provide courts with comprehensive guidance that will help ensure sentences reflect the seriousness of these offences.'

The new sentencing guidelines will come into force on 1 October 2018.

At Brett Wilson LLP we represent people accused of a range of criminal offences, both during police investigations and in defending prosecutions. We also assist victims of harassment pursuing civil remedies.  Click here to find out how we can assist you.