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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22927
Experience:  Senior Partner at Berkson Wallace
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If a mentally sick person who is sectioned. Sends nude

Customer Question

If a mentally sick person who is sectioned. Sends nude photos to another person via social media. And that person who is receiving these photos has knowledge of them being sectioned in a mental health unit under section two of the mental health act. Is there a legal right to take them to court in order for them to delete the photos and check if anybody els has been sent the photos. The person that sent them was not in the correct frame of mind to be sending those types of photos and the person receiving them even pushed them into sending more. And more dirtier ones.

Submitted: 9 days ago.
Category: Law
Expert:  JimLawyer replied 9 days ago.

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you this evening.

What would be the purpose of "taking them to court" in this context?

Customer: replied 8 days ago.
To force them to delete the photos as for many reasons the person that sent them was not in their right mind set. It's more so that they can not be used against her in the future and to stop her becoming sick again from any of the stresses of them having these photos
Expert:  JimLawyer replied 8 days ago.

Thanks, after further review this is now outside my area of expertise. I will therefore opt out to let another expert assist you with your question going forwards. Please do not reply to this message as the question will stay with me and there will be a delay with the reallocation.

Many thanks.

Expert:  Stuart J replied 8 days ago.

Just because a person may have mental health problems and indeed may be sectioned, does not necessarily mean that it gives them carte blanche to do what they like.

This is revenge porn and is a criminal offence.

There is no reason why the police could not prosecute this person and that is no reason why whoever does the victim could not take the person to court for an injunction to compel them to take the images down into compel them not to do it again.

 

The culprit may potentially have a defence to a criminal prosecution if they did not know the nature and quality of their actions in doing this.

However, because of the nature of what they have done, I’m sorry to say that I think that defence would fail. That is because of the nature of what happened in the nature of what they sent, they clearly knew what they were sending otherwise they wouldn’t have sent them.

 

They would not have a defence to a civil claim.

 

Actually sending nude photographs is not necessarily an offence unless it was intended to cause distress.

 

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Customer: replied 7 days ago.
No the person that sent the photos has mental health problems and is sectioned. The person the received the photos and even went as far in telling the girl who is sectioned. To send more photos with increased nudity. Basically girl who is sectioned sent photos to boy. Who also pushed her into sending more photos while knowing she was under care.
Expert:  Stuart J replied 7 days ago.

I have read the initial question and the follow-ups, and it’s not clear exactly what happened but in the light of your recent reply, I think my understanding and the other experts understanding was a little arrive.

When you said “for them to delete the photos,” it isn’t apparent who “them” is.

It’s also not apparent from any of your posts who was the instigator.

I think what you are saying is that this boy asked the person that was sectioned to send nude photographs of the person that was sectioned taken of themselves, and to send them to the boy and that having had some, the boy asked for some which were more explicit (increased nudity).

 

If that’s the situation then this is a criminal offence which is abuse of a vulnerable adult in the matter needs to be reported to the police. In addition, it would be possible to get a court order to prevent any more requests or occurrences and to compel the boy to remove any existing images.

I would go straight to the police TBH