Last week, police arrested a 36-year-old man after four women complained they had been the victims of revenge porn. Olly Whiting was arrested on one count of revenge porn — disclosing sexual images of an individual without their permission and with the intent to harm, and four counts of causing to be sent by a public communication network an offensive, indecent, obscene or menacing message. Victims naturally believed Whiting would be charged with these offences and taken to court.
But police in Eastbourne, East Sussex decided not to proceed in the courts and let him off with a caution. In the U.K. cautions are used for minor crimes and can be given to anyone over the age of 10. It is not a criminal conviction but can be used against the person as evidence of bad character if they are charged with criminal offences in the future. A caution can only be given if the person admits to the crime.
One of the victims is a 15-year-old girl. According to the girl’s mother, Whiting sent explicit messages to her daughter and then took a picture from the teen’s Facebook page, altered it, and posted it on a porn site. She also said he made telephone calls to her daughter and threatened to rape her.
Whiting also posted pictures of a former girlfriend on a porn site and offered £100 for someone to rape her and £20 to cause the pregnant woman to miscarry. The 21-year-old had previously told Whiting she had miscarried twice in the past.
A picture of a former colleague of Whiting’s had her pictured posted on an American porn site. Obscene comments were posted about the woman who was holding her 2-year-old daughter in the picture.
The fourth victim was Whiting’s own sister, He posted a picture of his sister wearing a school uniform when she was 16 years old. He asked other users of the site how much they would pay to rape her.
The victims and others in the community were naturally outraged when the father of one was let off with a caution.
The former colleague called letting him go “outrageous.” His former girlfriend said Whiting is mentally disturbed and should be sectioned.
The 15-year-old’s mother said her daughter suffered real distress and it is terrible Whiting is not being forced to go through the criminal justice system. She said she first reported his actions to police in London who said it sounded like stalking and grooming but told her to contact her local police. And Whiting’s sister, Charley Hough, said she was “disgusted with the police” and never wants to see her brother again.
The Sussex police defended the decision to issue a caution to Whiting. Insp. Rachel Barrow said the caution was appropriate based upon Whiting’s remorse, the nature of the offences, and the view he is not likely to re-offend. Barrow also noted Whiting had spent some time in custody after his arrest.
Revenge porn only became an offence in England in April 2015. Statistics show of those arrested on that charge, only 11 percent of suspects were criminally charged. Seven percent of suspects received a caution and in the vast majority of cases, no action was taken. This was so even though some of the victims were under age with three victims being 11 years of age.
The maximum punishment for revenge porn is two years in jail while the offence of sending offensive messages can lead to a jail sentence of up to six months.
