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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience:  Over 5 years in practice
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If an adult male sends a 'sext' of himself to another

Customer Question

Hello, if an adult male sends a 'sext' of himself to another female adult met online, but if she does not like the message are any UK laws broken?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
Hello Jo, a female met online had agreed to provide sexual services in person. This meeting did not take place but she was sent a naked photo of a man in a state of arousal. If she complained to the police have any laws been broken?
Expert:  Jo C. replied 2 years ago.
Yes, potentially there are offences.
But it depends whether she consented to the receipt of some kind of sexualised photograph or there was reasonable belief that she would.
It is quite unlikely they would take any action anyway.
I suppose there is the outside chance they could offer a caution for something under the communication act but most likely they would just issue a harassment warning.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thank you Jo,
Given the female was going to engage in actual sex before This was cancelled by the man, could this be construed as consent?
Would a communication act caution mean a registration on the sex offenders register? Would a caution have to be declared to an employer (a bank). Would you recommend taking a caution in this instance?
Many thanks
Expert:  Jo C. replied 2 years ago.
No, but it could be argued there was reasonable belief in consent.
Unless it is a sexual offence it wouldn't lead to addition to the register but a caution does show on enhanced and standard DBS checking.
Cautions are generally better than convictions. The test is whether or not the evidence is overwhelming. There are consequences to accepting a caution.
If it is a pay as you go phone then they will struggle to prove it came from you anyway.
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Sorry Jo, one last question, if there was reasonable belief in consent, is it likely a sexual offence caution could be issued?
Thank you
Expert:  Jo C. replied 2 years ago.
There isn't a sexual offence that covers this per se.
They would have to drop down upon the communication legislation.
I wouldn't accept anything under the sexual offences act. They are always worth fighting.
Customer: replied 2 years ago.
Thank you, ***** ***** on your experience would the police persue this?
Expert:  Jo C. replied 2 years ago.
They probably would take some action if she reports it.
But I would imagine they will just give you a harassment warning.
Customer: replied 2 years ago.
Thank you Jo. Your previous answer indicates a sexual offence does not cover this. Does that mean they could not class it as sexual harassment?
Thank you.
Expert:  Jo C. replied 2 years ago.
There isn't an offence of sexual harassment in the UK.
It is either harassment or a sex offence.
Customer: replied 2 years ago.
Thank you, ***** ***** clarify you do not believe this constitutes a sexual offence?
Expert:  Jo C. replied 2 years ago.
Well, it is not that it doesn't constitute one. It is an offence with a sexual motivation.
It is that there isn't a sexual offence that covers it.

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