- cross-posted to:
- legalnews@lemmy.zip
- cross-posted to:
- legalnews@lemmy.zip
Perpetrators of “revenge porn” offences are being allowed to keep explicit images of their victims on their devices, after a failure by prosecutors to obtain orders requiring their deletion.
An Observer analysis of court records in intimate image abuse cases has found that orders for the offenders to give up their devices and delete photos and videos are rarely being made. Of 98 cases concluded in the magistrates courts in England and Wales in the past six months, just three resulted in a deprivation order.
In other cases involving digital devices, such as offences regarding indecent images of children, these orders were made consistently.
The Crown Prosecution Service (CPS) this weekend said more must be done to “stop perpetrators retaining these images and continuing to take gratification from their crimes”.
Also, while it seems such an order is legal - should it be?
If these were legally obtained photos, why should someone be compelled to delete them? Compelled deletion is a slippery slope. Shared a legally purchased mp3 with a friend? Delete it. Shared a picture of Beyonce at the Superbowl? Delete it.
It’s not legal in itself no. Possessing photos or video given to you is not illegal, distributing them is however illegal. Once you get caught and convicted of distributing them things can get a bit grey and no one has really pushed the limit too much to find it’s outer extremes.