'It was horrendous': Revenge porn victim calls on government to fix loopholes in image abuse law
ITV News reporter Katharine Walker has been exploring the loopholes in laws around intimate image abuse
A victim of revenge porn is calling on the government to respond to recommendations to fix loopholes in the law.
The rise of smartphones has brought with it a new type of image based sexual abuse, including things like upskirting, downblousing and deepfake porn.
But a recent review from the Law Commission found that the legislation to stop these offences is “inconsistent and not fit for purpose”.
"It was horrendous"- Ellesha Garner was a victim of revenge porn
Ellesha's world was turned upside down four years ago when she discovered explicit videos of herself on a porn website.
But, under the current rules, her abuser can only be prosecuted if police can prove they wanted to cause distress.
She told ITV News: "It was a horrendous experience to go through. It was really damaging mentally and physically."
She added: "I lost a lot of weight, I struggled to eat, and it’s something I ever thought I’d be a victim of. I didn’t consent to any videos being taken, so I didn’t even realise they were out there.”
"There's really a patchwork of offences" - Penney Lewis from the Law Commission wants to see change
What is the state of the law at the moment?
A recent government-sponsored review of the existing law found that current rules are "limited and inconsistent".
Under the current law, acts such as “upskirting” or voyeurism are criminalised in specific circumstances, depending on the offender's motivation.
Other acts like “downblousing” or the sharing of altered intimate images of people without their consent, including pornographic deepfakes and “nudified” images, aren't criminalised at all.
Penney Lewis, Commissioner for Criminal Law, said: “At the moment, there’s really a patchwork of offences. There’s gaps and limitations and there’s inconsistent provisions that make the existing offences not fit for purpose."
She has proposed new recommendations to strengthen the law to protect victims of intimate image abuse.
These reforms would put in place a clearer legal framework, so that taking or sharing intimate images without consent is criminalised, regardless of motivation.
"There needs to be investment into survivor services and infrastructure," says Sophie Compton, co-founder of My Image, My Choice
While campaigners welcome the proposals, they are worried that victims still face an uphill battle.
Sophie Compton, co-founder of My Image, My Choice, said: “The Law Commission's proposals are just the first step, they may or may not be implemented."
She added: "Victims and survivors want to feel heard and they want to feel like the government is actually doing something. There needs to be investment into survivor services and infrastructure around takedown requests.”
In a statement, the Ministry of Justice told ITV News it would respond to the recommendations in "due course”.
It said: “Nearly 1,000 abusers have been convicted since we outlawed ‘revenge porn.’ With the Online Safety Bill, we will force internet firms to protect people better from a range of image-based abuse – including deepfakes.
"But we asked the Commission to explore whether the law could be strengthened further to keep the public safer. We will carefully consider its recommendations."