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When Ellesha Garner left her emotionally abusive ex-boyfriend she hoped she had cut ties for good.
But months later her world turned upside down.
She was sent a link to intimate videos of her on Pornhub.
They were uploaded under her former partner’s name.
She was hit with a rush of sickness as she watched the clips labelled ‘F***ing the ex’.
The videos had been secretly taken.
She felt shattered and wanted justice.
Ellesha Garner.
Ellesha Garner.
But under rules at the time, Ellesha’s abuser could have only been prosecuted if there was proof of intent to cause humiliation or distress.
Now lawyers will be able to secure a conviction without the requirement of this proof.
And victim-survivors will have more chance of getting the justice they deserve.
Ellesha says: “It does stoke a little bit of hope… that things are going to change and that less people are going to be in the situation that I found myself in.
“There’s a lot of people that have got away with these kind of things by saying they didn’t mean to and taking that away is going to be really big.”
This amendment made to the Online Safety Bill on 27 June 2023 is the result of tireless campaigning.
But for many people it comes too late.
After the discovery of these tapes and lack of legal support Ellesha fell into a period of depression.
She says: “I felt sick and really embarrassed.
“I used to walk through crowds thinking that everyone was looking at me because they knew I was on a porn site.
“I already had low self-confidence and that just dropped even further.
“My self-worth plummeted.”
Ellesha reported the incident to Derbyshire Police and explains that it became apparent that they did not know how to deal with her case.
She adds that the police did not take her ex-boyfriend’s phone or other devices so only the evidence she had given them was passed on to the Crown Prosecution Service (CPS).
When arrested and interrogated her ex-partner answered ‘no comment’ to every question.
It was concluded that there was not enough evidence to charge him.
Ellesha recalls her experience.
She adds: “The police implied it wasn’t realistic that I didn’t know I was being filmed.
“It felt as if the CPS were victim blaming and providing excuses for him.
“They had no intention of taking it any further.
“It tore me apart.
“It was a realisation that now I know why people don’t come forward when they’ve been abused because they are never believed.”
Although ‘revenge porn’ has been criminalised since 2015 the requirement of proof of intent has meant many survivors have not received justice.
There is hope that the recent amendment to the Bill will help combat this issue.
Ellesha says: “I was incredibly emotional about the change.
“It’s quite overwhelming hearing that we are being listened to and it is starting to make a difference.
“I feel a lot more hope for the future now.
“But I don’t want to let myself get too excited yet as we’ve been here before where this has been suggested and hasn’t been put in place.
“There’s still a lot of work to do.
“How people think about the crime and how police deal with it needs to change.”
Derbyshire police were approached for comment but had not responded at the time of publication.
The amendments will also see deepfake porn be criminalised for the first time.
Deepfake porn is the digital altering of a person’s face or body to create realistic sexual content that they have never participated in.
Both offences will be punishable by up to six months in prison which will rise to two years if intent to cause sexual gratification or distress or humiliation can be proven.
The sharing of intimate images will also be made a sexual offence, guaranteeing victims automatic anonymity.
Whilst many welcome these legal changes, campaign group NotYourPorn claim that there is still a long way to go with the Online Safety Bill.
Elena Michael, director of the movement, says: “In my view we are at least a decade off being able to provide adequate and complete support services for survivors.
“There are so many hurdles and even though we are existing in a wave of change at the moment we've got to accelerate it because there are real people suffering in the midst of this.
“In its current form, the Online safety Bill is diluted and doesn’t go far enough, but at the same time it is better than having no legislation at all.
“It’s not a saving grace and we can’t rely completely on it, but it may help shift cultural attitudes, as legislation often does.”
When Ellesha Garner left her emotionally abusive ex-boyfriend she hoped she had cut ties for good.
But months later her world turned upside down.
She was sent a link to intimate videos of her on Pornhub.
They were uploaded under her former partner’s name.
She was hit with a rush of sickness as she watched the clips labelled ‘F***ing the ex’.
The videos had been secretly taken.
She felt shattered and wanted justice.
Ellesha Garner.
Ellesha Garner.
But under rules at the time, Ellesha’s abuser could have only been prosecuted if there was proof of intent to cause humiliation or distress.
Now lawyers will be able to secure a conviction without the requirement of this proof.
And victim-survivors will have more chance of getting the justice they deserve.
Ellesha says: “It does stoke a little bit of hope… that things are going to change and that less people are going to be in the situation that I found myself in.
“There’s a lot of people that have got away with these kind of things by saying they didn’t mean to and taking that away is going to be really big.”
This amendment made to the Online Safety Bill on 27 June 2023 is the result of tireless campaigning.
But for many people it comes too late.
After the discovery of these tapes and lack of legal support Ellesha fell into a period of depression.
She says: “I felt sick and really embarrassed.
“I used to walk through crowds thinking that everyone was looking at me because they knew I was on a porn site.
“I already had low self-confidence and that just dropped even further.
“My self-worth plummeted.”
Ellesha reported the incident to Derbyshire Police and explains that it became apparent that they did not know how to deal with her case.
She adds that the police did not take her ex-boyfriend’s phone or other devices so only the evidence she had given them was passed on to the Crown Prosecution Service (CPS).
When arrested and interrogated her ex-partner answered ‘no comment’ to every question.
It was concluded that there was not enough evidence to charge him.
Ellesha recalls her experience.
She adds: “The police implied it wasn’t realistic that I didn’t know I was being filmed.
“It felt as if the CPS were victim blaming and providing excuses for him.
“They had no intention of taking it any further.
“It tore me apart.
“It was a realisation that now I know why people don’t come forward when they’ve been abused because they are never believed.”
Although ‘revenge porn’ has been criminalised since 2015 the requirement of proof of intent has meant many survivors have not received justice.
There is hope that the recent amendment to the Bill will help combat this issue.
Ellesha says: “I was incredibly emotional about the change.
“It’s quite overwhelming hearing that we are being listened to and it is starting to make a difference.
“I feel a lot more hope for the future now.
“But I don’t want to let myself get too excited yet as we’ve been here before where this has been suggested and hasn’t been put in place.
“There’s still a lot of work to do.
“How people think about the crime and how police deal with it needs to change.”
Derbyshire police were approached for comment but had not responded at the time of publication.
The amendments will also see deepfake porn be criminalised for the first time.
Deepfake porn is the digital altering of a person’s face or body to create realistic sexual content that they have never participated in.
Both offences will be punishable by up to six months in prison which will rise to two years if intent to cause sexual gratification or distress or humiliation can be proven.
The sharing of intimate images will also be made a sexual offence, guaranteeing victims automatic anonymity.
Whilst many welcome these legal changes, campaign group NotYourPorn claim that there is still a long way to go with the Online Safety Bill.
Elena Michael, director of the movement, says: “In my view we are at least a decade off being able to provide adequate and complete support services for survivors.
“There are so many hurdles and even though we are existing in a wave of change at the moment we've got to accelerate it because there are real people suffering in the midst of this.
“In its current form, the Online safety Bill is diluted and doesn’t go far enough, but at the same time it is better than having no legislation at all.
“It’s not a saving grace and we can’t rely completely on it, but it may help shift cultural attitudes, as legislation often does.”
Victim-survivor Georgie Matthews is also apprehensive about the amendments.
Sitting alone in her bedroom in Norwich during 2020’s national lockdown, Georgie was contacted by a stranger on Facebook messenger.
The 27-year-old opened the message to see three intimate images of herself.
She stared at the screen and froze.
The actress recognised these photographs but the context made no sense.
The anonymous good samaritan claimed to have seen them on a private chat room which also contained links to her social media.
Georgie says: “It was a total shock to me.
“I was just in crisis mode.”
Georgie Matthews. Photo: Bishy Bee Barnabee Photography.
Georgie Matthews. Photo: Bishy Bee Barnabee Photography.
Encouraged by a friend, she reported the incident to the police that day.
This led to a six-month investigation carried out by the forces to try and find the IP address of the person who contacted her.
After this period, they spoke to Georgie’s ex-boyfriend who previously had the pictures.
He then sent a text message confession to her admitting to have shared the images but was not charged due to the loophole in the law.
He claimed there was no intent to cause distress and walked away without a conviction.
A spokesperson for Norfolk police commented: “The report was investigated and a man was interviewed.
“The evidential test threshold was not met and therefore he was not charged with any offence.”
Georgie explains this interaction and the impact of having her images shared.
Image of Georgie: James Norman.
It is not just Georgie’s mental health that has been affected.
She has found it difficult to build relationships since and has turned down several work opportunities.
Now she has become a campaigner to feel in charge of her situation and help others who feel abandoned by gaps in the law.
She adds: “I decided that in this scenario in which I had no control, the only way to take it back was to start talking about it from my own perspective.
“You never know when and if these images might reappear and make the future very difficult.
“I thought that if I could talk about it now then I would be able to claim it if it ever happened again.”
Despite recent amendments to the Online Safety Bill she remains sceptical.
The first draft of the complex Bill went through pre-legislative scrutiny in the summer of 2021, but its foundations stretch back to the Internet Safety Strategy Green Paper of 2017.
Georgie says: “The Online Safety Bill has been in existence in some form for years now, it’s changed so many times and it’s still not law.
“There’s no way of knowing when it will actually be finalised.
“When I saw the recent changes I thought it was actually illegal and burst into tears.
“I then realised it wasn’t actually law yet and had a horrible shift of emotions.
“It’s so convoluted and long winded and that’s why I try to not get too excited by any of these announcements.
“It’s just disappointing when you realise it still hasn’t changed.”
Victim-survivor Georgie Matthews is also apprehensive about the amendments.
Sitting alone in her bedroom in Norwich during 2020’s national lockdown, Georgie was contacted by a stranger on Facebook messenger.
The 27-year-old opened the message to see three intimate images of herself.
She stared at the screen and froze.
The actress recognised these photographs but the context made no sense.
The anonymous good samaritan claimed to have seen them on a private chat room which also contained links to her social media.
Georgie says: “It was a total shock to me.
“I was just in crisis mode.”
Georgie Matthews. Photo: Bishy Bee Barnabee Photography.
Georgie Matthews. Photo: Bishy Bee Barnabee Photography.
Encouraged by a friend, she reported the incident to the police that day.
This led to a six-month investigation carried out by the forces to try and find the IP address of the person who contacted her.
After this period, they spoke to Georgie’s ex-boyfriend who previously had the pictures.
He then sent a text message confession to her admitting to have shared the images but was not charged due to the loophole in the law.
He claimed there was no intent to cause distress and walked away without a conviction.
A spokesperson for Norfolk police commented: “The report was investigated and a man was interviewed.
“The evidential test threshold was not met and therefore he was not charged with any offence.”
Georgie explains this interaction and the impact of having her images shared.
Image of Georgie: James Norman.
It is not just Georgie’s mental health that has been affected.
She has found it difficult to build relationships since and has turned down several work opportunities.
Now she has become a campaigner to feel in charge of her situation and help others who feel abandoned by gaps in the law.
She adds: “I decided that in this scenario in which I had no control, the only way to take it back was to start talking about it from my own perspective.
“You never know when and if these images might reappear and make the future very difficult.
“I thought that if I could talk about it now then I would be able to claim it if it ever happened again."
Despite recent amendments to the Online Safety Bill she remains sceptical.
The first draft of the complex Bill went through pre-legislative scrutiny in the summer of 2021, but its foundations stretch back to the Internet Safety Strategy Green Paper of 2017.
Georgie says: “The Online Safety Bill has been in existence in some form for years now, it’s changed so many times and it’s still not law.
“There’s no way of knowing when it will actually be finalised.
“When I saw the recent changes I thought it was actually illegal and burst into tears.
“I then realised it wasn’t actually law yet and had a horrible shift of emotions.
“It’s so convoluted and long winded and that’s why I try to not get too excited by any of these announcements.
“It’s just disappointing when you realise it still hasn’t changed.”
Even though there is now more awareness about intimate image abuse it is not a new issue.
And many victim-survivors have suffered in silence due to feeling as though nobody would listen to them.
Pictures of Emma Flint, 32, in her underwear were shared via social media in the noughties.
Emma Flint.
Emma Flint.
She had sent the photographs to a close friend and was horrified when she found out he had sent them to others.
It was a devastating invasion of her privacy.
Emma says: “It made me feel ashamed and embarrassed.
“Like I was dirty for taking those pictures.
“But not only that, it made me feel foolish.
“How could I have been so silly to trust him?
“It’s massively impacted the way I perceive people, even my close friends.”
As a teenager, she felt as if her world was falling apart.
Her male friends acted differently around her, laughing and grinning about the images.
She didn't report the incident but feels as if the long overdue changes to the law will encourage others to seek justice.
Emma says: "I didn't go to the police because, quite frankly, they'd have laughed at me.
“I feel we’re taking a step in the right direction.
“If someone keeps private photos of you without your consent, even if they have no intention of sharing them, they’re still violating your trust.”
The welcome reform aims to encourage women like Emma to report their experiences.
In 2022 over 320,000 pieces of intimate content was reported to Revenge Porn Helpline.
And women were disproportionately targeted.
Only 280,000 pieces of this content was removed.
And the obligation of platforms to take down such material is not covered under the new advancements.
The Revenge Porn Helpline make it clear that law enforcement alone is not the answer.
A spokesperson for the support service commented: “We need to reinforce the understanding more widely that the sharing of intimate images between consenting adults is normal behaviour and, if such content is shared without consent subsequently, that the blame for that sits squarely and 100% with the perpetrator.
“More deeply, we need to tackle damaging societal myths about female sexuality as a reason for shame and humiliation.
“Once there is legislation in place, it is imperative that there are the resources within law enforcement and the criminal justice system to educate and train staff to ensure that victims get the justice they deserve.”
The government’s crackdown on intimate image abuse is needed.
But as campaigners and law enforcers stress, it is only the beginning.
If you have been a victim of intimate image abuse and require free, non-judgemental and confidential advice and support, contact the Revenge Porn Helpline.
You can call the Helpline on 0345 6000 459 or via email at help@revengepornhelpline.org.uk.
You can keep up to date with the Online Safety Bill here.
Stock images taken from Unsplash.
Even though there is now more awareness about intimate image abuse it is not a new issue.
And many victim-survivors have suffered in silence due to feeling as though nobody would listen to them.
Pictures of Emma Flint, 32, in her underwear were shared via social media in the noughties.
Emma Flint.
Emma Flint.
She had sent the photographs to a close friend and was horrified when she found out he had sent them to others.
It was a devastating invasion of her privacy.
Emma says: “It made me feel ashamed and embarrassed.
“Like I was dirty for taking those pictures.
“But not only that, it made me feel foolish.
“How could I have been so silly to trust him?
“It’s massively impacted the way I perceive people, even my close friends.”
As a teenager, she felt as if her world was falling apart.
Her male friends acted differently around her, laughing and grinning about the images.
She didn't report the incident but feels as if the long overdue changes to the law will encourage others to seek justice.
Emma says: "I didn't go to the police because, quite frankly, they'd have laughed at me.
“I feel we’re taking a step in the right direction.
“If someone keeps private photos of you without your consent, even if they have no intention of sharing them, they’re still violating your trust.”
The welcome reform aims to encourage women like Emma to report their experiences.
In 2022 over 320,000 pieces of intimate content was reported to Revenge Porn Helpline.
And women were disproportionately targeted.
Only 280,000 pieces of this content was removed.
And the obligation of platforms to take down such material is not covered under the new advancements.
The Revenge Porn Helpline make it clear that law enforcement alone is not the answer.
A spokesperson for the support service commented: “We need to reinforce the understanding more widely that the sharing of intimate images between consenting adults is normal behaviour and, if such content is shared without consent subsequently, that the blame for that sits squarely and 100% with the perpetrator.
“More deeply, we need to tackle damaging societal myths about female sexuality as a reason for shame and humiliation.
“Once there is legislation in place, it is imperative that there are the resources within law enforcement and the criminal justice system to educate and train staff to ensure that victims get the justice they deserve.”
The government’s crackdown on intimate image abuse is needed.
But as campaigners and law enforcers stress, it is only the beginning.
If you have been a victim of intimate image abuse and require free, non-judgemental and confidential advice and support, contact the Revenge Porn Helpline.
You can call the Helpline on 0345 6000 459 or via email at help@revengepornhelpline.org.uk.
Developments to the Online Safety Bill will be published here.
Stock images taken from Unsplash.
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