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LONDON DAILY ARCHIVE

Cyber-flashing convict is first to be jailed under new law

Nicholas Hawkes, 39, has been sentenced as the first individual in England and Wales to be jailed for cyber-flashing, after sending an obscene image to a teenage girl and a woman.

20 March 2024 · 03:03 UTC

The offense, already illegal in Scotland, was added under the Online Safety Act effective from January 31.

Hawkes, a known sex offender from Basildon, Essex, has been imprisoned for 15 months following his confession to two counts related to sending unsolicited genital images for causing distress.

He breached prior court orders and is now under a 10-year restraining order and a 15-year Sexual Harm Prevention Order.

Authorities, recognizing the seriousness of online offenses, warn that hiding behind screens offers no immunity from prosecution. The quick court response is seen as demonstrating the effectiveness of the new law.

However, some experts fear remaining legal loopholes, especially the challenge of proving the offender's intent to distress.

The prevalence and impact of cyber-flashing were highlighted in Emily Atack's BBC Two documentary, wherein she discussed her own experiences with the issue and called for a shift in the way such actions are socially perceived and addressed by the law.