Cyberflashing Offences Solicitors
Cyberflashing occurs when someone sends unsolicited images or films of a person’s genitals to someone else to cause alarm, distress, humiliation or for sexual gratification. This conduct was criminalised by the Online Safety Act 2023, which came into force in January 2024.
Like all crimes of a sexual nature, facing allegations of cyberflashing can severely damage your career, personal relationships, and reputation. The crime also carries severe penalties for conviction, including fines and prison time. If you receive notification that you have been accused of cyberflashing, prompt, expert legal advice is essential.
If you are facing accusations of cyberflashing, our sexual offences solicitors have experience defending individuals accused of a range of sexual crimes and are ideally placed to represent you. We will challenge the allegations against you at every stage, from the initial complaint onwards, with a view to avoiding charges entirely. If a prosecution is inevitable, we will prepare the most robust possible defence to prevent you from receiving a cyberflashing conviction.
Contact us today in London (West Drayton) on 01895 449288, or in Hertfordshire (St Albans) on 01727 840900, or email us at info@wellsburcombe.co.uk.
Cyberflashing FAQs
What is cyberflashing?
Cyberflashing is where a person intentionally sends a photograph or film of somebody’s genitals to another person for either of the following purposes:
- To cause alarm, distress, or humiliation to the intended recipient; or
- To obtain sexual gratification and is reckless as to whether the intended recipient will be alarmed, distressed, or humiliated by what they see.
Examples of the types of conduct that may constitute cyberflashing include the following:
- Sending explicit material to someone via WhatsApp, dating apps, social media, or Airdrop.
- Showing explicit material to someone, either on a device or in person.
- Placing the explicit material where the recipient will find it.
Our specialist defence solicitors will advise whether your actions amount to cyberflashing. If they do, we will identify any applicable defence and work hard to protect your position to the fullest extent possible.
Is cyberflashing a criminal offence?
Yes, since 31st January 2024, cyberflashing is a criminal offence. It is one of several criminal offences introduced by the Online Safety Act 2023, with others including encouraging serious self-harm, sending death threats, and showing or sending flashing images to people with epilepsy to cause them harm.
It is not a crime to send intimate photographs or films to someone who consents to receiving them, provided the recipient is over 18.
Our sexual offences solicitors have a deep understanding of cyberflashing law and will provide straightforward, honest advice without judgment. Clients frequently comment on our ‘robust advocacy, as well as our ‘integrity’ and ‘empathy’.
What is the sentence for cyberflashing?
Cyberflashing is a serious criminal offence. It is classed as an ‘either way’ offence, meaning you can be tried in either the Magistrates’ Court or the Crown Court, and can attract custodial sentences upon conviction.
Cyberflashing can give rise to a person being subject to the notification requirements of the sex offenders register. The notification requirements include providing the police with your personal details, such as your name, address, and bank and credit card details. You must keep your details updated and notify the police of any changes. The first individual convicted of a cyberflashing offence in England and Wales was sentenced to a prison sentence of 52 weeks plus an additional 14 weeks for breach of a previous Court Order.
We are a recognised ‘go-to’ firm for criminal work, boasting one of the UK's most highly respected criminal practices. Our specialist solicitors have a thorough understanding of cyberflashing law and are known for delivering expert legal advice in a ‘clear’ and ‘understandable’ way. We will assist you in navigating this incredibly challenging time and will always be on hand to answer any queries or address any concerns.
Our significant expertise and experience allow you the best chance of avoiding a cyberflashing conviction if the circumstances allow and we will advocate for the most lenient sentence when a conviction is unavoidable.
We will guide and support you through the criminal claims process, from receipt of the cyberflashing initial complaint to the ultimate resolution of the matter.
How long does a cyberflashing case take to resolve?
The length of time it takes to resolve a cyberflashing case will depend on the complexity of the case, the strength of the evidence, and whether it proceeds to trial. In straightforward cases, resolution may occur within a few months. However, if the case is contested or involves digital forensics, multiple witnesses, or court delays, it can take significantly longer, often up to 12 months or more.
If you are facing accusations of cyberflashing, it is important to seek legal advice as soon as possible. Our experienced solicitors will work proactively to resolve your case as efficiently and favourably as possible.
What should I do if I have been accused of cyberflashing?
Anything you say to the police over the phone or during an interview can have a significant impact on the outcome of your case, so it is advisable to seek legal advice at the earliest opportunity if you have been made aware of a potential case against you.
A cyberflashing conviction can lead to serious consequences, including a criminal record, imprisonment, and sex offender registration.
Our solicitors understand what it takes to build a strong, effective defence. We offer clear, strategic guidance from the outset, combined with personal support throughout your case.
We will work hard to mitigate any penalties you may be facing, whether that means securing an early resolution or mitigating the consequences of a conviction.
Contact our conspiracy defence solicitors in West Drayton and St Albans
Contact us today in London (West Drayton) on 01895 449288 or in Hertfordshire (St Albans) on 01727 840900 or email us at info@wellsburcombe.co.uk.