Sexting (also referred to as  youth-produced  sexual  imagery) is the self-taking  of photos  and  videos to  send  to  others.  This is a practice which has exploded into everyday relationship culture for many, particularly the young.

Recent data obtained by the BBC from police forces across the UK shows that reports of child on child sexual abuse has doubled between 2017 and March 2020.  These involved a host of sexual activity between children from the sending of nude photos (including the unwanted sharing of nude photos), upskirting, unwanted touching, sexual harassment and even rape.

Between April 2016 and March 2017, there were 7866 reports to the police.  This increased to 14,915 in the year ending March 2020.  Even with lockdowns and schools being shut for lengthy periods, nearly 11,000 reports were made between April 2020 and March 2021. 

The website Everyone’s invited has shone a light on the issue of how established this dramatic change in social sexual culture has become. The website was set up in June 2020 by a former female student to raise awareness of the problem after she had personally been subjected to such behaviour both at school and University.  The website unearthed the scale of the issue with over 54,000 testimonials posted within 9 months of the website being launched.  The testimonials cover a large range of unacceptable sexual behaviour, including the exchange and distribution of nude pictures within schools.  The website warns that when such conduct becomes accepted behaviour, it can lead to more extreme acts such as sexual assault and rape.

In April 2021, the  NSPCC set up a helpline specifically for victims to report abuse and harassment in schools, colleges and Universities.  It immediately started to receive over 50 calls a week from which at least one referral a week was made to the police and other agencies.

The government asked Ofsted to carry out an rapid review of sexual abuse in schools and colleges.  This review was published in June 2021 which showed that the number of reports of sexual abuse was dramatically increasing and revealed how prevalent sexual harassment and online sexual abuse had become for children and young people.  The review referred to previous research  in  2017  which indicated  that  26%  of  young  people  had  sent  a  nude  image  to  someone  they  were  interested  in  and  48%  had  received  one from someone  else.  In the data published in 2021, it can be seen that the number of young people who had been involved with sexting had dramatically increased.  From those surveyed (school children and students from age of 13 years old upwards), 40% of the boys stated that they had been put under pressure to provide sexual images of themselves.  A similar proportion of the boys stated that they had experienced pictures or videos which they had sent being shared more widely without their consent.  The statistics for girls is more shocking with 80% saying that they had been put under pressure to provide sexual images of themselves, with 73% experiencing images they had sent being more widely shared without their consent.

Dr Rebekah Eglinton, Chief Psychologist for the ongoing  Inquiry into Child Sexual Abuse has said: 

“The majority of girls have experienced things like unwanted touching, groping and being pressured and pestered to send nudes but that is so frequent its become a part of everyday life to the point that they wouldn’t bother reporting it because it just feels like it's a normal part of the day.”

So it can be seen from a number of sources that sexting is an established and recognised issue, particularly endemic amongst the younger generations.  Although a picture can be made and sent in an instant, there can be serious and long-term consequences for anyone who sends such pictures.

Irrespective of the fact that an image, once sent by a person, is no longer under the control of that person and so can be shared and distributed in an unlimited and uncontrolled way, any allegation of misconduct (often initiated when knowledge of a request for or receipt of an image comes to the attention of a parent) can have serious consequences to those who find themselves accused.  Concerns may be raised with the school who may deal with matters internally.  Every school is required to have a safeguarding policy and procedure and have a Designated Safeguarding Lead (DSL) to deal with internal safeguarding issues and liaise with other agencies where necessary, including the police where considered appropriate.  It is not uncommon for emotions to be high when parents find out their child is the recipient of allegedly unwanted requests for nude pictures or has received unwanted nude pictures from another child.  Police may be contacted directly, even if matters are ultimately resolved without any criminal sanction. 

The effect of any allegation of unwanted or unlawful sexting which results in police involvement in any way can be long-lasting, even if ultimately no police action is taken. For the more serious cases, there are the obvious deterrent effects such as a child finding themselves the subject to a youth reprimand, warning, or caution or even a criminal conviction.  These are matters which, prior to November 2020, would have appeared on an individual’s criminal record and therefore on any DBS check for a specified period of time.  Since November 2020,  the law has changed so youth cautions, reprimands and final warnings are no longer included on a DBS certificate.  However, there are certain roles which require an enhanced DBS certificate which provide more detailed information about a person’s past.  This includes a section “Other relevant information” and so it remains a possibility that an accusation of a safeguarding nature, whether it ultimately resulted in police action or not, can be disclosed on an enhanced DBS certificate.  Such certificates are required by certain professions including teachers, doctors, nurses, care workers or any profession or voluntary role which involves children or vulnerable adults (the regulated sector).

So it can be seen that the sending of an allegedly unwanted picture could lead further down the line to a child not being able to automatically study medicine or perhaps follow a career path of choice within the regulated sector.  To get the message heard, perhaps emphasis should not be on the ultimate threat of being criminalised, but the very real risk that choices taken by young people could affect their future job prospects and life options.

If you are a parent of a young child or teenager who is concerned about the effects and consequences of sexting and wish to get informed advice as to the potential legal consequences to your child or you wish to protect them for the future, get in touch with JJWLegal for a confidential consultation.