In the UK, sending photographs and videos of genitals online to strangers, the so-called cyberflashing, became a crime since January 31st. This week, a British court sentenced a 39-year-old man to more than a year in prison for sending an image of his penis to a 60-year-old woman and a 15-year-old girl, without their consent.
According to Dazedthis is the first conviction for cyberflashing in the country. Nicholas Hawkes, author of the photograph, was already referred to by authorities as a sexual offender and had been sentenced last year to a suspended sentence for harassing a minor under the age of 16. According to Southend Crown Court in Essex, he will now serve a 66-week sentence for sending the images.
“The Crown Prosecution Service handed down the first conviction for cyberflashing, but it won’t be the last. I urge anyone who has been a victim of this shocking crime — whether through instant messaging, dating apps or any other means — to report it, knowing that you have the right to anonymity,” said Hannah von Dadelszen, Deputy Prosecutor General of the Ministry for the East of England, cited by the same magazine.
According to the GuardianNicholas Hawkes sent the photos with his father’s cell phone on February 9th. The woman received the image via WhatsApp and the girl via the messaging platform iMessage. The victims took a screenshot of the photo and the oldest reported the attacker to the authorities that same day.
The defendant began his trial in court on February 12 and pleaded guilty to both charges. In addition to the 66-week sentence, he is banned from approaching the two women for ten years and from approaching others he does not know in public spaces for 15 years.
Quoted by the British daily, David Bar, prosecution lawyer, stated that these actions “are part of an established pattern of behavior by the defendant”. In the previous conviction, Nicholas Hawkes He would have to attend 12 psychiatric appointments, but he never went to any because, writes the same newspaper, the waiting list is long.
Sharing nudes in Portugal
In Portugal, since April 2023, the penalty for anyone sending or sharing nudes or other intimate content on social networks, social media or other means of widespread public dissemination without consent can lead to up to five years in prison.
Law No. 26/2023 came into force after a joint proposal from the PS and PSD to update the duration of sentences depending on the severity of the acts. A complaint is not necessary if the sharing “results in the suicide or death of the victim or when the victim’s interest so advises”, it reads.
Meta, the company that owns Instagram, Facebook and WhatsApp, also said it has been testing a new functionality since June 2023 to block the sending of abusive voice messages, photographs and videos (including intimate and hateful ones). This new function is still being tested, but it is already known that when it is available it will only be possible to send private written messages to random users with a prior invitation. Sending photographs, videos or audios will only be permitted if the recipient accepts the request to start the conversation.
