'Revenge porn' abusers get to keep images after conviction

Perpetrators of "revenge porn" are being allowed to keep explicit images of their victims on their devices, after a failure by prosecutors to obtain orders requiring their deletion.

- Shanti Das

An Observer analysis of court records in intimate image abuse cases has found that orders for the offenders to give up their devices and delete explicit photos and videos are rarely being made.

Of 98 cases concluded in the magistrates courts in England and Wales in the past six months, just three resulted in a deprivation order.

In other cases involving digital devices, such as offences regarding indecent images of children, these orders were made consistently.

The Crown Prosecution Service (CPS) this weekend said more must be done to "stop perpetrators retaining these images and continuing to take gratification from their crimes".

In one case earlier this month, a man was rebuked by magistrates for "thoroughly disgraceful" and "deeply disturbing" behaviour "designed to emotionally blackmail and control" his victim. The 35-year-old from Swansea was given a six-month suspended sentence, a rehabilitation order and a three-year restraining order - but no deprivation order, leaving the police with no legal power to retain and wipe his devices.

In another case last October in Crawley, West Sussex, a 32-yearold man was jailed for 26 weeks after sharing private sexual photos of his ex-girlfriend. He was given a restraining order until 2029 - but no deprivation order.

The findings point to a systemic failure of courts to impose the orders, and of prosecutors to request them in the first place.