Revenge porn laws see first conviction Man threatened to post video of ex-lover’s sex act
A MAN who threatened to post a video online of his former partner performing a sex act has become the first person convicted under new ‘revenge porn’ legislation.
The crackdown on intimate images being posted on the internet resulted in Kenneth Robinson being the first to be prosecuted under the new laws in Scotland.
The 59-year-old bombarded his ex with around 100 unwanted emails after they broke up in June and threatened to upload an intimate video, Jedburgh Sheriff Court was told yesterday.
Procurator fiscal Graham Fraser said one such email read: ‘The video is quite good, you should have a look.’
His victim, of Eyemouth, Berwickshire, called in police about the emails which were sent between July 2 and July 10.
Robinson of Blyth, Northumberland, pleaded guilty to sending the emails which were intended to cause her fear, alarm and distress.
He became the first person to be convicted under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 since it came into force on July 3.
Defence lawyer Ed Hulme said the 18-month relationship had broken down in June after his client discovered his partner had cheated on him while on holiday.
He added: ‘He turned to alcohol to cope and has little recollection about the emails.’
Mr Hulme insisted Robinson would not have uploaded the video, saying: ‘He does not know how.’
Sheriff Peter Paterson took into account Robinson’s previous character and ordered him to pay £200 compensation to his former partner as well as imposing a three-year non-harassment order.
Anne Marie Hicks, national procurator fiscal for domestic abuse, said: ‘This conviction under the new legislation sends a clear message that behaviour like this is unacceptable and that those who disclose or threaten to disclose intimate images will be dealt with seriously by the criminal justice system. This type of offending is often used as a form of online domestic abuse.
‘It is designed to cause fear, alarm or distress and often used to humiliate, threaten and control the victim. Those affected may be too embarrassed to come forward or fear they will be blamed.
‘I hope the prosecution and outcome in this case will provide reassurance to victims and that they will have greater confidence to report cases. This type of offending is never acceptable and victims are in no way responsible just because they may have consented to an image being taken.’
She said the Crown Office and Procurator Fiscal Service (COPFS) would continue to work closely with Police Scotland and others to tackle all forms of abuse within intimate partner relationships.
She added: ‘We strongly encourage anyone who has been a victim of any such offences to report this to the police.’
The new law makes it a criminal offence to share, publish or distribute private, intimate images relating to another person where the intent is to cause that person fear, alarm or distress, or to be reckless as to the possibility that their behaviour will have this effect.
It is also an offence to threaten to do so.
Those convicted of disclosing or threatening to disclose an intimate photo or video face a maximum penalty of five years in prison.
‘It is designed to cause fear’