Following the implementation of The Online Safety Act in January 2024, Cyberflashing is now classed as a criminal offence in the United Kingdom.
Cyberflashing refers to the unsolicited sending of explicit images or videos of a sexual nature to individuals via digital communication channels such as social media, text messages or messaging apps. It occurs without the recipients consent which causes them distress, discomfort and feelings of violation. As technology continues to evolve, it is crucial to raise awareness about Cyberflashing to the public.
It is important to understand that Cyberflashing and Indecent Exposure, whilst similar, are different offences altogether. Both are forms of unwanted exposure to explicit sexual content, but they differ in the way they are carried out and the medium through which they occur. Indecent Exposure is usually carried out in a public place and occurs in physical, real-world settings, whereas Cyberflashing involves images or videos which occur through digital communication channels.
Cyberflashing is very common, especially against women and young girls, with 2 in 5 women aged 18-34 having been sent a sexual photo without their consent by someone who was not a romantic partner.
In order for the Prosecution to get a conviction for Cyberflashing, it must be proven that the sender intended to cause alarm, distress, or humiliate the recipient, or if the sender sought sexual gratification and disregarded the potential for causing distress.
Cyberflashing is an either-way offence, meaning it can be heard in the Magistrates or Crown Court, and can offer a sentence of up to two years imprisonment and a mandatory placement on the Sex Offenders Register.
Our team are experienced in dealing with sexual offences and are available to provide expert legal advice and representation if you find yourself charged with these or any criminal offences. We can assist with all types of cases from the police station interview right through to Court.
