Abuse Survivors Blog

Obtaining compensation for so called ‘Revenge Porn’ - an appropriate form of justice?

Written by Tracey Emmott on 08 Mar 2023

obtaining_compensation_for_revenge_porn

'Let me be clear, misogyny and violence and intimidation against women and girls, in all its forms, is wrong - and it is for us all to stand up and stand together to stamp it out in our society.'  So said Assistant Chief Constable Rachel Noland, following the recent conviction and sentencing of Big Brother celebrity Stephen Bear at Chelmsford Crown Court (3rd March 2023) after posting private CCTV sex footage of him and his ex-girlfriend, Love Island star Georgia Harrison on the adult-only website OnlyFans, for which he received £2,000.

Bear uploaded footage of the couple having sex captured on CCTV cameras in his garden on August 2, 2020, on both the video subscription site and WhatsApp, without Ms Harrison’s consent. 

A jury found Bears guilty by unanimous verdicts of two counts of disclosing private sexual photographs and films with intent to cause distress. He was also found guilty by a majority verdict of 10 jurors to two of voyeurism.

According to the judge, Ms Harrison had suffered 'extensive humiliation and embarrassment'. Ms Harrison spoke of suffering panic attacks as a consequence, but of her relief and vindication of what she’s been through. 

Bear was sentenced to 21 months’ imprisonment (the maximum permitted for the offences of which he was convicted), and a restraining order not to contact Ms Harrison. 

This example of ‘revenge porn’ is the most high profile yet, and will hopefully sound a warning shot to those considering similar behaviour. Ms Harrison is to be commended for her brave decision to waive her automatic right to anonymity, which has generated maximum publicity of the offences.  

In addition to making sure the perpetrator is dealt with fully in the criminal courts, an additional route for justice is to pursue them in the civil courts. 

A civil claim aims to compensate an individual who has endured pain and suffering and any linked financial losses, at the hands of a wrong do-er. A civil court can validate a person’s suffering by awarding compensation reflective of any injury caused by the illegal posting of images. In the case of image based abuse such as ‘revenge porn’ this is largely psychological injury supported by medical evidence and any financial losses that flow from it. 

In February this year in a landmark judgment, a woman ('FGX') who had been the victim of similar ‘revenge porn’ sued her former partner in the High Court of Justice, being awarded general compensation of almost £100,000.

In 2016/2017, when the victim and Stuart Gaunt were in relationship, he had covertly filmed her in the shower and sleeping without a top on, and without her knowledge or consent, had uploaded the images to a pornographic website along with a photograph of her face, seemingly for monetary gain. Stuart Gaunt had been convicted of voyeurism and other sexual offences in September 2020, receiving a two-year suspended sentence and ordered to sign the Sex Offenders Register for ten years.

FGX brought a civil claim against her former partner for psychological injuries, infringement of privacy and misuse of private information. 

The knowledge that naked images of her were on the internet, available to the public, has caused FGX to suffer from chronic post traumatic stress disorder, leading to an enduring personality change.

The Hon Mrs Justice Thornton OBE handed down judgment on 27 February 2023, the c. £100,000 damages award signifying a ‘record first’ for cases of this nature. 

It is notable that the judge preferred the term ‘image based abuse’, rather than ‘revenge porn’, stating that the latter term conveys the impression that a victim somehow deserved what happened to them.

FGX said in her statement for the criminal proceedings: 

“This was such an awful betrayal of someone that was pretending to love and care for me. Someone that I had trusted, had taken my most intimate moments and gleefully added this to sick websites and relished at his perverted enjoyment of sharing this with thousands of strangers without my knowledge”.

The FGX case is thought to be the first case of its type to come before the civil courts in England and Wales. Undoubtedly it will not be the last. 

Should you happen to be the victim of illegal sharing of intimate images for which the perpetrator has been found guilty, and wish to obtain advice about financial compensation routes of justice, please feel free to contact me. As a specialist with a depth of experience in sexual abuse compensation claims, I will do my best to try and assist you. 

The abuse survivor's guide to making a claim for compensation

Topics: Compensation

Tracey Emmott

Written by Tracey Emmott

Tracey Emmott is a solicitor with over 25 years’ experience in personal injury law. Previously she was a partner of a regional firm in the Home Counties.