‘Cyberflasher’ Sentenced To A Year In Prison For New Digital Crime

Photo 259088016 © Chernetskaya | Dreamstime.com

In a landmark case, Nicholas Hawkes, 39, became the first person in England and Wales to be sentenced to prison for the newly established “cyberflashing” offense. His conviction reflects the growing recognition of the seriousness of online harassment and its potential impact on victims.

Hawkes, a man from Basildon who’s already registered as a sex offender for a previous conviction involving a minor, admitted to sending unsolicited explicit images of himself to two victims: a 15-year-old girl and a woman in her 60s.

The culprit utilized messaging platforms iMessage and WhatsApp to transmit the indecent content. The woman, understandably distressed by the unsolicited image, reported the incident to the Essex Police, leading to an investigation and subsequent charges against Hawkes.

Hawkes pleaded guilty to two counts of “sending a photograph or film of genitals to cause alarm or distress,” and was sentenced to 66 weeks in prison—roughly a year and three months—and was already on probation during the offenses for “exposure and sexual activity with a child under 16,” according to the BBC.

The cyberflashing offense, introduced in January 2024 as part of the Online Safety Act, criminalizes the act of sending a photograph or film depicting genitalia to someone without their consent, with the intention of causing alarm, distress, or humiliation. This case serves as a significant test of the new legislation and demonstrates its potential to provide legal recourse for victims of online harassment.

Essex Police emphasize that offenders might think they can hide behind the internet when committing various offenses, but this case demonstrates that online actions have real-world consequences.

“Perpetrators may think that by offending online, they are less likely to be caught; however that is not the case,” says Detective Chief Inspector James Gray. “‘Cyber-flashing’ has a detrimental impact on victims, and we will continue to investigate all reports of this offense.”

Gray adds: “My main message here is to the perpetrators, people who think it’s acceptable to send these unsolicited photos without permission. It’s not and I ask those who think it is acceptable to reflect on their behavior.”

The Southend Crown Court also imposed a 10-year restraining order on Hawkes, prohibiting him from contacting either victim. Additionally, a 15-year Sexual Harm Prevention Order was issued, restricting his internet access and online interactions in a manner designed to mitigate future risks.

While this case sets a precedent, it also highlights the ongoing need for education and awareness campaigns to empower users with the knowledge and tools to protect themselves online. It’s vital for victims of cyberflashing to understand that they are not alone and that reporting such incidents is crucial for holding perpetrators accountable and promoting a safer online environment for all.

[via The Independent, Lexology, Sky News, BBC, cover photo 259088016 © Chernetskaya | Dreamstime.com]