How England's First Cyberflashing Conviction Sends Powerful Message

A man has been sentenced to prison for cyberflashing, marking the first conviction of its kind. This victory is being hailed as a significant step forward in recognizing and addressing this form of online harassment.  But let us quickly understand what cyberflashing is. Cyberflashing is the act of sending unsolicited sexual images to someone online. It's like someone showing you their genitals in public, but electronically. It can be done through messaging apps, social media, or even using features like AirDrop or Bluetooth.

First Cyberflashing Conviction Sets Precedent For Online Safety In England 

The perpetrator, identified as David Hawkes, 39, is the first person to be convicted of cyber-flashing in England and Wales and is finally sentenced to jail by the Southend Crown Court.

As per the Crown Prosecution Service (CPS), Hawkes pleaded guilty to two counts of sending sexual photographs to a woman and an underage 15-year-old girl of his erected penis in February of this year. Hwkes, who remained in custody since the incident was reported, was sentenced to a 52-week imprisonment for double counts of cyber flashing offences.

Hawkes was already a registered sex offender as of November 2023, as he was convicted of exposing another 16-year-old girl to sexual activity and was given a community order. For breaching this community order, Hawkes was also sentenced to an extra four-week imprisonment order with an activated suspension order he received last year for the same. 

Meaning, that Hawkes received a 66-week prison sentence with half the term mandated for in-custody service, a restraining order of 10 years from contacting any of his victims, and a sexual harm prevention order of 15 years. This means Hawkes will now remain a sexual offender until November 2033.

In the UK, the Online Safety Act came into effect on January 31, 2024, as a jailable offence with a maximum conviction of two years imprisonment, an additional fine, and registration as a sex offender, for sending unsolicited photographs or films of genitals or any other obscenity sent through online or offline mediums. 

This successful prosecution paves the way for holding perpetrators accountable and establishes a legal precedent for future cases. While the fight against cyberflashing is far from over, this first conviction is a significant victory.