The Abusive Behaviour and Sexual Harm Act now makes it easier to prosecute so-called revenge porn with Justice Secretary Michael Matheson saying it would give police and prosecutors ‘robust powers’ to tackle the issue. The new legislation makes it an offence to ‘disclose, or threaten to disclose, an intimate photograph or film’ without consent.
What is covers
The new offence covers photographs or films showing people engaged in a sexual activity which would not usually be done in public, or with their genitals, buttocks or breasts exposed or covered only with underwear.
What it doesn't cover
However, it does not cover the sharing of other materials such as private text messages and emails which are dealt with under separate legislation and does not apply to sharing photographs of naked protests or streakers at sports matches
Public awareness campaign
A new public awareness campaign is being launched to coincide with the legislation coming into force to highlight the consequences of sharing intimate photographs or video of a current or former partner without their permission.
'Investigate the issues very thoroughly'
Justice Secretary Michael Matheson said: ‘Our police and prosecutors will investigate the issues very thoroughly and, where there is the evidence to do so, they will seek to secure a prosecution through our courts…If someone is convicted of this type of offence they could spend up to five years in jail.’
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