Is This Illegal?

To cut a long story short...

My friends and her ex boyfriend have recently had a serious argument. He has naked photos of her on his phone and is threatening to send them to her parents in the post.

My friend is taking this threat seriously, as she comes from a strict Asian family who don't even know she dated this guy, let alone got nekkid with him. The implications of her family receiving these pictures are huge and she is very scared. He has been racially abusive in the past and has also rang her home phone in the early hours of the morning with the intention of telling her parents about their relationship.

We are both curious as to whether his threats of sending these photos to her parents are illegal. I am convinced that he is calling her bluff and if she was able to present him with evidence of the illegality of sending these naked photos around, he would stop.

Can anyone help?

Scroll to see replies

Reply 1

guitargirl03

If she willingly allowed her bf to take the photos then I don't think it would be deemed as illegal... But I could be wrong...

Reply 2

shaneo632

It's harassment, so yes, it's illegal.

Reply 3

dumbdunc

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(edited 10 years ago)

Reply 4

dumbdunc

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(edited 10 years ago)

Reply 5

shinyhappy

Under s21(1) of the Theft Act 1968 of English law, a person commits the offence:
if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief:
(a) that he has reasonable grounds for making the demand; and
(b) that the use of the menaces is a proper means of reinforcing the demand.

This would be the case, if he was asking for something from her, e.g. money, sex, or to start a relationship again.
I'm not sure what it would count as otherwise, harrassment sounds possible, although I can't offhand think of which bit it would come under.
Anyway, it's wrong, and if you approached the police, you may be able to get help/advice.

Reply 6

Ducki

I think for people to send naked or partially naked pictures of people t anywhere, they pictured have to sign a consent form. Still, not sure, and even if he does do it, what can/will the police do? They have enough on their hands without responding to something daft like this. Check with a lawyer, theyre more qualified to tell you than anyone on here.

Reply 7

Spacecam

He isn't trying to get anything out of her, so it isn't blackmail, but it could be intimidation. Although if the pictures were taken with consent then she hasn't got a case really.

Reply 8

Jamesb283

Yeah, what would he be doing it for? Revenge? Or just pure spite? :frown:

Reply 9

love_mojitos

How old is she? I reckon you have to be over 18.

Reply 10

Tomber

Yup, if she's under 18 he's certainly putting himself in trouble if he does that.

Reply 11

seanaldo123

wouldnt taking legal action alert the parents anyway? - thus making the whole thing exposed just as he wanted..

Is there no reasoning with him? If not just say if your that childish then go ahead (then make sure you get to the post first everyday...)

Reply 12

love_mojitos

He is just scaring you I think. If he would of done it, he would of by now. He would be in trouble as well.

Reply 13

BobTheClown

duckiciao

Well, to start with, the idea that the person pictured must sign a consent form is ridiculous, we do not have such a right in the UK. You're probably thinking of the US, where you must give consent for anyone to use your image, e.g. if recorded for use on TV.

As for actual advice, threatening to send these pictures to her parents does not constitute an offence in and of itself, unless she is under 18, in which case the pictures are technically child pornography, and he'd be very very stupid to distribute them.

However, it might constitute Harassment, if it meets this criteria:

s1 Prohibition of harassment.

(1) A person must not pursue a course of conduct-

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

N.B - (2) References to harassing a person include alarming the person or causing the person distress.

Which may well be relevant in this situation.

Sending the pictures may also constitute a violation of the Malicious Communications Act 1998, part of which establishes an offence of sending "an offensive, indecent or threatening communication."

If your friend is actually concerned about this or wants to take it further, I would suggest you speak to a solicitor who will be able to assist you. However, if your friend does not want her parents to find out, this might not be a feasible solution, as by taking legal action they are likely to find out anyway.

Reply 14

meef cheese

Is it not an offence (i.e. an offence against the parents) to send them naked pictures (of anyone) in the post?

On the grounds of it being lewd or something.

Reply 15

generalebriety

e-unit

Is it not an offence (i.e. an offence against the parents) to send them naked pictures (of anyone) in the post?

On the grounds of it being lewd or something.

Almost certainly.

Reply 16

BobTheClown

e-unit

Is it not an offence (i.e. an offence against the parents) to send them naked pictures (of anyone) in the post?

On the grounds of it being lewd or something.

BobTheClown

Sending the pictures may also constitute a violation of the Malicious Communications Act 1998, part of which establishes an offence of sending "an offensive, indecent or threatening communication"

Yes..Yes it is. Might I suggest reading, then replying?

Reply 17

sufiankane

well he's knob end to be honest.

Reply 18

Sticky

It probably is illegal because it's a form of stalkerism and sexual harassment.

But the trouble is: so what if it's illegal? The damage would be done. She can say "I'll have the police on your back" but (and I know such people hate to be given moral lessons) when you let someone take naked photos of you, you're making a huge gesture of trust. It's not because some mate did it with her boyfriend, so it seems normal, that you should just go do it because it's a "thing people do". Too many people follow that logic for their relationships without actually doing what they really want to do, or believe they should do. For example: "I'll have sex with my boyfriend after 3 weeks because otherwise he'll dump me and that's like the standard for girls around me." It sounds pathetic but it's amazing the number of people who think that way.

To me, in terms of trust and commitment it's not too far off from marriage or not using contraception. It's not just about the moment the photos are taken. You're also trusting that, if things go wrong in the relationship, they will act appropriately.

Reply 19

Anonymous #1

Thanks for all of your replies.

She is 18 and was over 18 when the pictures were taken.

As for why her ex is doing it, it seems to be just out of pure spite. I suspect there's something she's not telling me... hmmm.

She's only just told me she took some of the pictures himself and sent them to him, so I don't know how that would affect any claims of illegality...

It certainly seems to fit in with harassment, if not blackmail.