The consequences of image-based sexual abuse can be catastrophic, causing deep anguish and distress, social isolation, self-blame, shame, and despair.
It can have a major impact on a victim’s employment, significant relationships, and mental health.
Prevalence and accessibility of image recording equipment and software
The covert recording equipment now available on major online sales platforms is astonishing. The sharing of such images, including video content, has never been so quick and easy. The ramping up of technological advances since Covid has undoubtedly led to an increase in the sharing of intimate images via social media and instant messaging services.
‘Revenge porn’
I have previously written about (the anomalously termed) “revenge porn”, when an aggrieved partner in a relationship that has gone sour posts explicit sexual images of the other partner online to maximise humiliation, embarrassment, and suffering on them.
Filming in a ‘loving’ relationship
But what about such images being recorded clandestinely within an established ‘trusting’ relationship?
We acted for “Ms A,” who was the victim of voyeurism by her then-partner, “Mr B.” He was prosecuted in the criminal courts after Ms A came upon intimate videos of her on his mobile phone, taken without her knowledge (or consent). She made other discoveries on his devices which shocked and tormented her, including evidence that Mr B had live-streamed the videos.
The criminal case
Mr B finally pleaded guilty at magistrates’ court to voyeurism and received a 12-month community order. While there had been good evidence of live streaming, to our client’s disappointment, the police chose only to pursue the voyeurism offence rather than the more serious offence of production and distribution of indecent images.
The compensation claim against Mr B
Not only had Ms A suffered devastating mental health symptoms as a consequence of such a flagrant breach of trust, but she had also been rendered significantly out of pocket by decisions she had to make for the safety of herself and her family. She sought financial redress by way of a civil compensation claim against Mr B.
Mr B was demonstrably wealthy, with substantial property assets owned in his sole name and mortgage-free.
Ms A acted quickly after the criminal case, instructing this firm before notifying Mr B of the claim. It was imperative to gather medical evidence to establish the psychological harm caused by the offences. A close eye was kept on Mr B’s assets.
Ms A was diagnosed with an adjustment disorder linked to the material events, together with a depressive episode. She continued to suffer residual anxiety and phobic avoidance. Trauma-focused CBT and/or Eye Movement Desensitisation and Reprocessing (EMDR) was recommended to help her with her symptoms.
A Letter of Claim was sent to Mr B together with the court expert’s medical report and a computation of Ms A’s financial losses. Mr B instructed solicitors, who responded pragmatically, inviting a Joint Settlement Meeting.
Specialist IT costs
In Ms A’s claim was a quotation obtained from a public relations firm with expertise in removing imagery from the internet. This was a substantial part of the claim, including a six-month retainer with a specialist IT service for ongoing de-indexing/removal of the imagery on the internet. Building this into the value of Ms A’s claim aimed to give her the financial means to mitigate her exposure and her injury, and to give her peace of mind.
At the Joint Settlement Meeting, a settlement value was finally agreed; however, Mr B, through his legal representatives, required certain conditions to be met. These were not acceptable to Ms A, and negotiations broke down.
A few days after the Joint Settlement Meeting, Mr B, through his lawyers, made an unconditional offer of settlement which was acceptable to Ms A—in a five-figure sum.
Campaigning to strengthen the law on image-based abuse
Image-based abuse is already a priority offence under the law; however, many are calling for the government to introduce much stronger law on image-based abuse.
The campaign group End Violence Against Women and others launched a campaign in September 2024 to stop image-based abuse. The campaign seeks to introduce measures to strengthen criminal laws around creating, taking, and sharing intimate images without consent (including sexually explicit deepfakes), and to improve laws for survivors to take action against perpetrators and tech companies—including taking down abusive content. Their efforts are welcomed.
Compensation outcomes
While nothing can ever erase the devastating impact of being the victim of voyeurism by anyone—least of all a trusted loved one—the successful outcome of Ms A’s claim means she can engage specialist IT help to minimise any further reputational damage. She can be reimbursed for some significant outgoings she suffered as a result of the events, and she can access the specialist treatment recommended to her. Gradually, she can rebuild her confidence both personally and professionally.
Ms A’s comments on the case:
"It was, at first, very difficult to find the help I needed. I didn’t know where to turn. Fortunately, I was able to trust Tracey and her firm to act on my behalf to navigate the litigation process and seek justice in a sensitive and confidential manner.
I hope that this case will help bring to light the legal support available to victims of voyeurism and intimate image-based abuse, and act as a deterrent to perpetrators."
Tracey Emmott, Ms A’s solicitor, said:
"The fact that Mr B had been found guilty in the criminal courts was immensely helpful in this case, even though it was on the lesser offence of voyeurism. It gave Ms A a platform for her compensation claim as the image-based abuse had been proved in a court of law. Exploring technical ways to de-index/remove the images from the internet to minimise reputational damage was challenging, but we were able to enlist advice from IT specialists who provided an appropriate quotation to quantify this head of claim.
It is hoped that through the compensation claim, Ms A will feel a sense of justice and some closure on a chapter of her life which has caused her immense suffering. While any government initiatives to ‘crack down’ on intimate image abuse are hugely welcomed, when such offences are committed, it is only right that the perpetrator pays for the suffering inflicted."
If you are the victim of the unlawful sharing of intimate images and you would like advice on pursuing financial compensation, please don’t hesitate to get in touch. As a specialist with extensive experience in sexual abuse compensation claims, I will do my utmost to assist you.
