Is it illegal to video someone naked without their consent? YES.

by Emily Hunt

Is it illegal to video someone naked without their consent? YES.

by Emily Hunt
Emily Hunt
Case Owner
Emily wears many hats: strategy consultant, single mother, someone negotiating life after rape, and more. But right now? She's making sure that no one else is videoed naked without their permission.
Funded
on 18th June 2019
£10,220
pledged of £15,000 stretch target from 344 pledges
Emily Hunt
Case Owner
Emily wears many hats: strategy consultant, single mother, someone negotiating life after rape, and more. But right now? She's making sure that no one else is videoed naked without their permission.

Latest: Sept. 11, 2020

Finally: a bit of crowdfunded justice!

On August 7, 2020, my attacker pleaded guilty to voyeurism. Last week, he was sentenced to a 30 month community order, ordered to pay a fine and compensation and will be on the sex offenders registry…

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My attacker took a 1 minute and 2 second long video of me naked and unconscious on a hotel bed without my knowledge and most certainly without my permission. He told the police that he took it to masturbate to later. In his statement to the police, he said that he knew that he did not have my permission to take the video. He told the police that he knew that I would be upset if she woke up and found him videoing me. The facts are not in dispute.

What's in dispute is whether or not it's against the law under the Sexual Offences Act of 2003 to video someone naked without their consent if you are in a private / personal / intimate setting with that person. 

Currently the CPS believes that if someone is allowed to see you naked, they can video you. Actually, no, that's wrong. They believe that if you cannot prove that you did not give consent for someone to see you naked, that they can video you.

That's your partner who videos you without your consent, the heartbreaker who videos you without your knowledge the night before breaking up with you, that one night stand from last year, (even your friend's abusive partner can video them without their consent or knowledge)... anyone who you allow to see you naked can - under the CPS's current reading of the law - take a video of you naked for their own personal sexual purposes. And you have no recourse.

I am bringing a judicial review against the Crown Prosecution Service on Voyeurism, to settle once and for all whether or not it is legal for someone to video you naked without your consent for personal sexual purposes if they've been allowed to see you naked.

The government thinks that what happened to me is illegal. My lawyers think that what happened to me is illegal. And indeed, so do 76% of people in the UK (survey done by Opinium). Unless we take the CPS to court, this will continue. And it needs to not continue.

I frankly do not believe that I live in the sort of country that allows such an insane invasion of privacy. I do not believe that our laws as written (even if they were written back in 2003!) don't see a difference between being seen and being videoed.

To bring a Judicial Review, I need to prove that I can offer a reasonable sum of money towards the government’s legal costs if I lose. We need to raise £5k as quickly as possible. But realistically, we need a lot more than that to take the case all the way to trial. Your help is very, very appreciated. Should I win and the fund isn't needed to cover the government's costs, the money will go to the CWJ (the amazing people behind the judicial review that kept Black Cab Rapist John Worboys in jail, and also the lovely people who are currently helping me out). 

My case would set a precedent and so change the law going forward. This will mean that anyone in my position would be able to get justice when their privacy is violated in the most intimate way without consent

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Update 5

Emily Hunt

Sept. 11, 2020

Finally: a bit of crowdfunded justice!

On August 7, 2020, my attacker pleaded guilty to voyeurism. Last week, he was sentenced to a 30 month community order, ordered to pay a fine and compensation and will be on the sex offenders registry for 5 years.

Thank you so much to all of you for giving and supporting my case. This absolutely could not, and would not, have happened without you.

Update 4

Emily Hunt

May 18, 2020

Best. News. Ever.

Following my judicial review and intervention in a different criminal case in January, a man has now been charged with the offence of voyeurism.

It has taken a long time to get to this point and I want to thank you for making this possible through supporting me and my case on CrowdJustice. I also want to thank the Centre for Women's Justice for their advice and legal representation.

As there are ongoing criminal proceedings, I will not be commenting further on the case.

--
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For media enquiries, call Chris Fowler at Mint PR on 07719172225

Update 3

Emily Hunt

Oct. 1, 2019

Permission GRANTED!

As of this afternoon, permission has been granted by the court for me to bring a Judicial Review against the head of the Crown Prosecution Service. This means that the CPS will have to stand up in court and answer for their insistence that no laws were broken when my attacker took a 1 minute and 2 second long video of me naked and unconscious on a hotel bed, knowing full well that he did not have consent to do so AND to use for personal sexual purposes. 

The initial papers from the court granting the judicial review are pretty scathing of the CPS. It uses words like "irrational" to describe the CPS's legal argument for not taking my case forward 💕💕. 

This is absolutely amazing news as often there is a step (basically a hearing) in between all the court filings and permission to bring a judicial review being granted.

I am one GIANT step forward towards seeing my attacker actually charged. 

It also means that fundraising continues to be important as the court wrote that they are "minded" to make a cost capping order - and the more money we raise before a judge makes that decision, the more likely they are to grant it. So if you haven't shared my story yet, please consider doing so. I'd really appreciate any help you can give!

More soon!! (Like a COURT DATE!)

Update 2

Emily Hunt

June 28, 2019

Next stop: Court.

The CPS had until today to reply to my legal team's "Letter before Action." In an ideal world, that reply would have included an acknowledgment that they got the legalities wrong and would now go forward with charging my attacker.

Unfortunately, that's not what happened.

We received their letter this morning and it is amazing. First off, and this is genuinely amazing, they got the date I was attacked wrong. They then went on to reference the wrong toxicology report before going into lots of detail about the rape (which this isn't about) before finally getting to their point:

According to the CPS's reading of the law - even after being provided with ample legal precedent and quotes on the government's position - they continue to insist that if someone is allowed to see you naked sleeping (or you cannot prove that they did not have your permission to see you naked while sleeping), that they are allowed to video you naked. Because, according to the CPS, seeing is the same as videoing.

They also included a nice line in bold about how if I bring this judicial review and fail, that they will go after me for full costs. So please keep spreading the word, because the CPS clearly wants to use the financial risk to me to make sure that I don't go forward and they seem to want all of us continue to have no recourse should our privacy be invaded like this. 

Please help.

Update 1

Emily Hunt

June 14, 2019

And so it begins!

This afternoon, my lawyers set a formal letter to the Crown Prosecution Service laying out the legal argument and evidence on how they believe that the CPS made the wrong decision in deciding to not prosecute my attacker for voyeurism.

This is the required first step to bringing a judicial review and it feels absolutely amazing to know that we have begun.

But I still need your help because to go forward, I have to prove that I can offer a reasonable sum of money towards the government’s legal costs if I lose. We need to raise £5k as quickly as possible in order to do this. (But realistically, we need a lot more than that to take the case all the way to trial).

There should be more updates from me next week, but I wanted to let you know that every single donation to this page so far has helped this amazing day happen for me. Thank you, thank you so much. You will never be able to understand how much this means to me.

All the best,

Emily

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