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From Certificates to Belief Statements: The CPS and the Limits of Forum Bar Intervention
Rebecca Niblock
Sextortion is a form of blackmail where victims receive threats that intimate images of them will be shared or distributed unless they meet the blackmailer’s financial demands. Law enforcement agencies have reported "an epidemic" of such cases with global figures more than doubling in 2023. This reported increase is reflected in the number of clients seeking our advice on how to deal with this particularly distressing form of criminality.
All age groups and genders are potential targets, but male victims aged between 14 and 18 make up a large proportion of cases according to law enforcement statistics. As a result, in April 2024 the National Crime Agency (“NCA”) published an alert to hundreds and thousands of UK teachers, urging them to warn pupils about the dangers of sextortion. It is our experience that high net worth individuals and those with a reputation to protect are also particularly vulnerable to targeted sextortion campaigns.
Sextortion can be perpetrated by a range of actors: from professional and organised criminal gangs to spurned lovers wanting to get revenge. The frequency of people sharing intimate images on electronic devices and over the internet enables offenders unprecedented access to such material. Unlike other offences which are committed in person, these offences can be conducted without ever having met the victim and without living in the same country.
At Kingsley Napley LLP, we have a long history of helping individuals, children, families, employers, and people in the public eye deal with a range of sextortion and blackmail threats. Each case requires careful consideration and analysis with a focus of the drivers which have led to the blackmail threat being made and the likelihood of it being carried out.
At the heart of every case is a threat to reveal something private about the victim, but each situation has a different fact matrix: it might be a teenager who is mortified about school peers finding out about an image they naively sent someone on the internet; a husband who has engaged in extra-marital activity with threat of disclosure of incriminating photos to his wife, or a high-profile individual who’s reputation would be ruined if an intimate image is made public. Victims of sextortion often feel lost and that there is no hope, but in every case there is something that can be done to protect the victim, stop the blackmailer or prevent matters escalating.
Our experience with these extremely sensitive situations has led us to develop an effective and multi-disciplinary approach. There are a range of civil and criminal options available depending on the specific circumstances of each case.
It is always possible to report the threats to the police and we frequently assist with that process on behalf of clients. The NCA’s recent statement confirms the commitment from the police to address sextortion cases. In its guidance to parents and carers, the NCA says that you should not pay, you should stop contact and block whoever is harassing your child. It also warned parents against deleting anything, as it could be used as evidence. We agree and endorse this advice. In these types of cases reporting matters to the police as soon as possible may well be the most effective route to protect the victim.
However, sometimes the position is more nuanced. Clients may not wish to report to the police for a number of reasons, including concerns that matters could escalate and/or a desire to maintain their privacy. Sometimes the blackmail threat may relate to the disclosure of an alleged criminal offence by the victim themselves. Whatever the situation, we can help advise as to the process, including how best to ensure that anonymity is preserved as well as considering civil options such as applying for injunctions and other alternative remedies. In appropriate cases we will contact the blackmailer directly, and have had a high level of success in stopping ongoing sextortion threats and harassment through strategic advice and correspondence.
Blackmail has been described as “attempted murder of the soul” and for those faced with these kinds of threats the problem often seems crushing and insurmountable. We understand this and our team will never judge someone who finds themselves in such a predicament. Our focus is always on protecting our client’s privacy and reputation and resolving the situation in the safest way possible.
If you have any questions regarding this blog, please contact David Sleight or Emily Elliott in our Criminal team.
David is a highly sought-after criminal litigator specialising in complex, sensitive and high-profile cases. He is recognised for his strategic approach and ability to get results.
Emily is an Associate in the Criminal Litigation department, specialising in all areas of financial and business crime, internal investigations, international crime and general crime.
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.
Rebecca Niblock
Alun Milford
Louise Hodges
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