The dating world has moved online, and dating apps like Tinder, Hinge and Bumble have now become the primary way to find your partner. Conversations can turn flirty and sexual quite quickly, and the sharing of ‘nudes’ has increased significantly as a result.
The dating app Bumble conducted research and found that 48% of women aged 18-24 had been sent an unsolicited or unwanted sexual image. Furthermore, a report compiled by YouGov showed that 4 in 10 women of the millennial generation had received an unsolicited sexual image of a man’s genitals without their consent.
So, what happens if you send someone an unsolicited nude?
As of January 2024, with the introduction of The Online Safety Act, you may be guilty of cyberflashing should you send someone an unsolicited nude image.
What is cyberflashing?
Cyberflashing is the act of intentionally sending someone an unsolicited sexual image from your device to another person’s device, without their consent. This can occur via social media, Bluetooth, AirDrop, or any other electronic means.
You must intend for the other person to see the genitals and be caused alarm, distress or humiliation. Alternatively, you can be guilty of this offence if you send the photograph or video with the intention of obtaining sexual gratification and are reckless as to whether the recipient will be caused alarm, distress or humiliation.
Cyberflashing is an either-way offence with a sentence of up to 2 years imprisonment.
Whilst conviction of this offence doesn’t automatically lead to you being on the sex offenders register, any term in prison or a community order of at least 12 months will lead to you being subject to notification requirements.
On the 13th of February 2024, the first person in England and Wales was convicted of this offence. This individual had sent unsolicited photographs to an underage girl and an adult woman. The woman who received the picture took a screenshot and provided it to the police that same day. He pleaded guilty to 2 counts of cyber flashing, was denied bail, and remanded in custody for sentence in March 2024.
Whilst it is clearly in the public interest for the government to address sexual offences, there is a risk individuals may find themselves in the criminal justice system through ignorance rather than real malice. We hope the Police and CPS take a sensible approach and that education, as opposed to punishment, is considered when dealing with this offence.
Newly introduced offences under The Online Safety Act go beyond cyberflashing, targeting a range of harmful online behaviours. This includes the criminalisation of sending death threats, ‘epilepsy-trolling’, and the non-consensual sharing of intimate images, also known as revenge porn.
These measures reflect a stronger approach to making the digital space safer for all users in the UK. For example, there are stringent penalties for revenge porn, with individuals facing jail time for sharing or threatening to share intimate images without consent.
In summary, what may have been previously perceived by some as “the norm” has now been criminalised.
Should you be investigated for this offence, please do not hesitate to contact one of our criminal defence experts via our contact form, or give us a call at 0330 111 3131.