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Perpetrators of revenge porn in England and Wales are often allowed to keep explicit images of their victims on their devices due to a systemic failure to issue orders requiring their deletion. A recent analysis of court records has revealed that despite clear legal provisions, orders to seize and erase these images are rarely enforced, leaving victims vulnerable to further distress.
Out of 98 cases involving intimate image abuse that were concluded in magistrates’ courts over the past six months, only three resulted in a deprivation order. This failure starkly contrasts with cases involving indecent images of children, where such orders are consistently applied.
Prosecutors and Courts Under Fire
The Crown Prosecution Service (CPS) has acknowledged the issue, stating, “While courts already have the power to deprive convicted offenders of nonconsensual intimate images and videos, we accept there is more we can do.” The CPS is now reviewing its guidance to ensure that perpetrators cannot retain access to explicit images.
A case earlier this month highlighted the problem. A 35-year-old man from Swansea was convicted of using intimate images to emotionally blackmail and control his victim. Despite being given a suspended sentence, a rehabilitation order, and a three-year restraining order, no deprivation order was issued. This means the police had no legal power to seize or erase his devices.
Similarly, in Crawley last October, a 32-year-old man was jailed for 26 weeks after sharing private sexual photos of his ex-girlfriend. He received a restraining order until 2029, but again, no order was issued to delete the images.
Campaigners Demand Urgent Action
Victim support organizations and campaigners have criticized the courts for their failure to act decisively. Sophie Mortimer of the Revenge Porn Helpline pointed out that knowing an offender still has access to explicit images can cause immense psychological harm. “Even if there is no immediate threat, just the knowledge that they still have those images is a vile thought,” she said.
Campaigner Elena Michael from #NotYourPorn described the failure to enforce deletion orders as giving perpetrators a free pass. “You’re handing back the weapon that caused the crime and rolling out the carpet for them to do it again,” she said. Her group has worked with 450 victims and found no consistency in how police and prosecutors handle these cases.
Victims Speak Out
A victim of intimate image abuse described her horror at learning that her abuser had been allowed to keep explicit videos of her. “It makes my skin crawl to know that he could still be watching these, let alone uploading them on the internet again,” she said.
Campaigners are calling for changes to the law to ensure that all explicit content linked to a crime is deleted across all platforms, including cloud storage, hard drives, and social media accounts.
Government Response and Legal Loopholes
Despite calls for action, the government insists that courts already have the power to order the deletion of intimate images. However, as Charlotte Owen, a Conservative peer, pointed out, these powers are rarely used. “No one should have to suffer the ongoing trauma of knowing their abuser still owns intimate images of them,” she said.
Owen previously introduced a private member’s bill advocating for the mandatory deletion of such images. Although the government rejected the proposal, citing existing legal provisions, Owen continues to push for clear guidance to ensure deprivation orders are consistently applied.
The Need for Stronger Protections
Legal experts, including Professor Clare McGlynn of Durham University, argue that the current system fails victims. She emphasized that not only should deprivation orders be mandatory in these cases, but victims should also have the ability to request the deletion of their images without pursuing a criminal case.
Meanwhile, campaign groups such as the Revenge Porn Helpline and #NotYourPorn are calling for all intimate image abuse content to be criminalized, similar to how indecent images of children and terrorist materials are handled. This change would make it easier to compel internet service providers to remove such content and prevent further harm.
The Ministry of Justice has declined to comment on these concerns. However, with intimate image abuse cases rising at an alarming rate—reports to the Revenge Porn Helpline have increased by 57% annually—there is growing pressure on lawmakers and the judicial system to close these dangerous loopholes and ensure justice for victims.
