Domestic Abuse – Criminalisation of Revenge P*rn

“We will not tolerate domestic abuse and harassment in a progressive and modern Scotland” Justice Secretary Michael Matheson

At Macleod & MacCallum our team of expert Family Law solicitors are very aware that domestic abuse comes in many forms; whether physical, emotional, verbal, sexual or financial. We have years of experience in advising clients on how to tackle domestic abuse. Our solicitors regularly appear in Court on behalf of clients seeking protective Court Orders, such as domestic abuse interdicts or non-harassment Orders. We therefore welcome the development of Scotland’s criminal law when it comes to tackling domestic abuse.

Over recent years, as a result of the growth in social media and advancement in camera technology, we have seen an increased amount of clients who have either been the victims of, what is commonly known as, “revenge p*rn”. Revenge p*rn is where an ex-spouse/partner shares (or threatens to share) intimate films, still images or photographs of you, usually following a separation.

On 1 April 2017 the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 will come into force. The new law will make revenge p*rn disclosures a criminal offence. This offence will carry a maximum penalty of five years imprisonment, if an individual is convicted of disclosing or threatening to disclose an intimate photograph or video.

Together with the existing Criminal and Civil Law remedies we hope that the Scottish Government’s attempt to legislate against this highly abusive and manipulative behaviour will prove successful.

If you require further information in relation to protective Orders against domestic abuse, please feel free to contact a member of our Family Law Team on 01463 239393 or by email to family@macandmac.co.uk.

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