With the increased popularity of the internet and social media platforms we have seen a resurgence of new forms of abuse which target victims online. It is an ultimately sign of betrayal to be put on the receiving end of threats to have your intimate pictures shared with the rest of the world without your consent. The effects of such intimidatory behaviour are not only humiliating and gut wrenching but it can also cause long term psychological and emotional damage to the victim.
From a legal standpoint, if the behaviour is designed to cause distress and alarm to another person and it is repeated more than once then such acts will amount to harassment and the victim will have the following options available to them.
Police involvement
Threatening someone with revealing their private pictures online for the whole world to see amounts to harassment which is a criminal offence. If you are being subjected to such form of abuse, you should consider in first instance reporting matters to the police. Speaking to the police can be daunting especially if you have not had to do that before. We would recommend that you always write down all the details of the offence and collate all the available evidence in support of your allegations. These can be screenshots of written communication or voice recordings.
The police will provide you with a reference number and decide whether to refer matters to the CPS or alternative issue charge the offender with a harassment warning notice. The warning notice requires the police to explain to the other person the consequences of not abiding the law and repeating their behaviour. If harassment continues CPS might seek is a Restraining Order from the Court for your protection.
Harassment and Civil Injunctions
Harassment offence is actionable in a Civil Court under the Protection from Harassment Act 1997. There is a timeframe to apply for an injunction which must be submitted within six years from the date when the harassment first started. Breach of the injunction is a punishable criminal offence with up to a five-year prison sentence.
Harassment and Non-Molestation Orders
The alternative is that you seek legal action in the Family Court pursuant to the Family Law Act 1996. If you are associated with the abuser through marriage, engagement, cohabiting relationship, because you share a child together or you were in an intimate relationship with, you may seek an injunction known as a Non-Molestation Order.
The term molestation is not properly defined in a statute however in the case of Horner v Horney [1982] Fam 90 it was held that “molestation” includes any conduct which can be regarded as such a degree of harassment as to call for the intervention of the Court. You will need to satisfy the Court on the balance of probabilities that judicial intervention is required to control the behaviour which is complained about.
If you suspect that the abuser might carry out his threats imminently, then you could seek an emergency injunction from the Court to prevent them from posting any comments, images, videos, film footage or other statements about you on social medial platforms. The hearing would take place without any notice of the respondent to prevent any further damage. If you are thinking of making an application please contact a specialist member of our team.
