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In a landmark case, Nicholas Hawkes, from Basildon, Essex, has become the first person to be convicted and imprisoned in England and Wales for the criminal offence of cyber-flashing. This historic verdict marks a significant moment in the life of the Online Safety Act 2023 (OSA), which aims to combat digital harassment and safeguard online communities.
A number of new criminal offences came into force on 31 January 2023, following the passage of the OSA last autumn. These include a new offence of “cyber-flashing” under section 66A of the Sexual Offences Act 2003 (which was added by section 187 of the OSA). The offence requires a relevant image to be sent or given to another person with the intention that the recipient will be caused alarm, distress or humiliation, or for the purpose of obtaining sexual gratification and being reckless as to whether the recipient will be caused alarm, distress or humiliation. We wrote in detail about this and the other criminal offences in the OSA in a previous blog.
Hawkes, a 39-year-old registered sex offender, was convicted for sending unsolicited explicit images, including a photograph of his genitals, to a 15-year-old girl and another woman. His actions were swiftly reported to the authorities by the recipient of one of his unsolicited images who, alarmed by the image she received via WhatsApp on 9 February, took screenshots and contacted the police. This prompt action led to Hawkes' arrest and subsequent conviction.
Despite already being listed as a registered sex offender until November 2033, due to previous convictions for sexual activity with a minor and exposure, it appears that Hawkes continued his harmful behaviour online. As we noted in our previous blog, the form in which the OSA was passed, along with relevant commencement regulations, meant that enforcement agencies could act swiftly in relation to the new criminal offences. This is illustrated by the speed in which this misconduct – which occurred less than two weeks after the relevant offence came into force – was dealt with.
After pleading guilty before a magistrates’ court to two charges of sending a photograph or film of genitals to cause alarm, distress or humiliation, Hawkes was sentenced at Southend Crown Court to a 66-week jail term. He was also made subject to a 10-year restraining order and a 15-year sexual harm prevention order.
When the OSA was passed, the UK government stated this would make it easier to convict those who share intimate images without consent, “put more offenders behind bars and better protect the public.” Echoing those remarks, media reports quote Hannah von Dadelszen, deputy chief crown prosecutor for the East of England, as hailing the "speedy justice" served and saying that the new legislation was a "really important tool in a prosecutor's toolkit".
Further information regarding online safety regulation can be found on our dedicated web page, and information about our services for those accused of criminal offences can be found here.
about the authors
Úna Campbell works on a broad range of matters, including criminal defence and police investigations; white collar and financial crime; international crime and extradition; private prosecutions and public inquiries.
Sophie Wood is a Legal Director in the Criminal Litigation team with extensive experience in advising corporate and individual clients involved in a wide range of internal, criminal and regulatory investigations. Sophie has acted for individuals and companies involved in investigations brought by the Environment Agency, Health and Safety Executive and local authorities, and is a member of the firm’s cross-practice Health, Safety and Environment Group.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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