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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice.
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I had a brief relationship with someone last year.

Customer Question

Hello
I had a brief relationship with someone last year. Apparently he has a photo of me naked and has shown it to at least one if not more people.
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
The photo was taken without my knowledge and consent. I would like to know if I can prosecute him and if I can force him to remove all copies of the photo.
Expert:  Jo C. replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
You could make an allegation but you would need to prove that it was taken without knowledge and consent which is always very difficult to do.
If he has shown it to one person then that might be an offence depending on the way in which he has shown it and, of course, whether it is accepted that he did.
You could seek an injunction forcing him to hand it over but then you will have to prove he did not have consent.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
How can I prove that he did not have consent? How can I seek an injunction? He showed the photo which was saved on his phone.
Expert:  Jo C. replied 1 year ago.
Well, you can only do what is humanely possible.
You would make an allegation and give a statement saying that he did not have consent. He will probably say that he did and that might be accepted. The trouble is that unless a person is asleep or unconscious for some other reason it is always very unlikely that they didn't know they were being photographed bearing in mind that all devices make a noise upon activation.
You seek an injunction by going to the court court. It will cost about £155 to issue and about £200 for a contested hearing if you don't use solicitors. You do have to prove that he has this image still and that he did not have it with your consent although at least on the lower standard of proof.
Do bear in mind that you face his costs if you lose. Also, if you make an allegation to police against him and lose he would have a claim against you. That whole issue is a gathering storm.
It is probably a good idea to write to him first asking him to hand over or delete any images and in default you will sue.
Customer: replied 1 year ago.
I was asleep at the time therefore had neither knowledge nor gave consent.
Expert:  Jo C. replied 1 year ago.
The image would need to show that clearly.
And you would need to prove he had it.
Expert:  Jo C. replied 1 year ago.
Although I suppose that if you make a report and he deletes it to avoid detection then at least he would not have it.
But he may claim against you as a result of the allegation.
Customer: replied 1 year ago.
The person he showed it to might agree to confirm he has seen it. Would this help?
Expert:  Jo C. replied 1 year ago.
Well it depends.
If he deletes it or argues consent then it goes nowhere.
A letter to him probably wouldn't hurt. No danger in that. There is a risk in making allegations to police now though.