At the Revenge Porn Helpline, we work with thousands of victims of intimate image abuse every year. Our mission is to support them in regaining control over their lives, but one glaring issue continues to stand in their way: the legal system is failing to ensure that perpetrators are deprived of the images used to violate their victims.
A recent analysis by the Observer revealed a shocking inconsistency in the use of deprivation orders—the legal mechanism by which courts can force offenders to surrender and delete intimate images from their devices. Despite the clear powers available under the Sentencing Act 2020, only three out of 98 cases in the last six months resulted in such an order. This means that in the vast majority of cases, perpetrators are allowed to keep the very images they weaponised to harm their victims.
Systematic Failure
For survivors, this is more than a legal loophole—it is a systemic failure. The mere knowledge that an abuser still possesses their images, with the potential for them to be reshared at any moment, is a source of ongoing trauma. Those who have been affected have told us that it keeps them up at night, that it stops them from moving forward with their lives and that their abuser is still very much in control.
This is not just a failing of the courts but also of prosecution practices. If the Crown Prosecution Service (CPS) is not routinely requesting deprivation orders, then magistrates and judges are unlikely to impose them. The result is a legal system that unwittingly enables perpetrators to continue exerting control and psychological abuse long after sentencing.
Meanwhile, in other cases involving digital exploitation—such as offences related to indecent images of children—deprivation orders are a standard part of the sentencing process. This discrepancy is unacceptable. There must be a uniform and robust approach to ensure that all intimate images used in criminal offences are permanently removed from perpetrators’ possession.
Power Without Enforcement
The government argues that the courts already have the power to order image deletion. However, power without enforcement is meaningless. We urgently call for the following changes:
- Mandatory Deprivation Orders for Digital Content – Courts should be required to order the deletion of intimate images in every relevant case, ensuring content is wiped from devices, cloud storage, and social media accounts.
- Prosecutorial Reform – The CPS must provide clear, firm guidance requiring prosecutors to request deprivation orders as standard practice in intimate image abuse cases.
- Victim-Led Deletion Requests – Victims who do not wish to pursue a criminal case should still have legal recourse to demand the deletion of their images via a bespoke civil process.
- Make NCII Content Illegal – No-consensual intimate images should be classified as illegal content, similar to child sexual abuse material and terrorist propaganda, so that internet providers are compelled to remove them swiftly.
- Improved Law Enforcement Response – Police must act swiftly to seize devices before suspects can delete crucial evidence, ensuring proper investigation and justice for victims.
We are at a pivotal moment. Reports of intimate image abuse continue to rise year after year, yet the justice system remains sluggish in adapting to the digital reality of this crime.
Survivors deserve more than a system that acknowledges their suffering without remedying it. We must do better. We must ensure that perpetrators cannot retain the tools of their abuse. Anything less is a failure to protect victims and an opportunity for further harm.
