A man who sent an indecent image to two victims including a 15-year-old girl has been jailed for 15 months in the first conviction following a crackdown on so-called cyber flashing.
Nicholas Hawkes, 39, from Basildon, admitted sending the image of his genitals to a woman and a girl via WhatsApp in February. At Southend Crown Court on Tuesday, he was jailed after admitting two incidents of cyber flashing.
The Online Safety Act was passed into law in October last year, making it a criminal offence punishable by up to two years in prison for sending unsolicited images of genitals.
The court heard Hawkes, who is already a registered sex offender, had borrowed his father’s phone to commit the offences, pretending he was planning to call probation. The teenage girl was left “overwhelmed and crying” after viewing the image. “Cyber-flashing is a serious crime which leaves a lasting impact on victims, but all too often it can be dismissed as thoughtless ‘banter’ or a harmless joke”, said Hannah von Dadelszen, the Deputy Chief Crown Prosecutor for CPS East of England.
“Just as those who commit indecent exposure in the physical world can expect to face the consequences, so too should offenders who commit their crimes online; hiding behind a screen does not hide you from the law.
“Using the new legislation, our prosecutors worked to deliver swift justice – securing a guilty plea just four days after Nicholas Hawkes sent disgusting photos to his victims.”
Hawkes’ conviction and jail sentence comes just weeks after the Crown Prosecution Service introduced the new powers from the Online Safety Act, to prosecute crimes including cyber flashing, sharing nude ‘deepfake’ images, and the practice of ‘down-blousing’.
Prosecutors can judge whether to bring cases based on the impact on the victim, if they are alarmed, distressed, or humiliated, and if the person sending the image hoped to gain sexual gratification.
Hawkes has previous convictions for sexual offences, including two incidents last year when he stripped naked in public.
He was also under the terms of a suspended prison sentence when he committed his latest crimes.
He must now comply with a ten-year restraining order and a 15-year Sexual Harm Prevention Order.
“Hawkes has proven himself to be a dangerous individual and our Crime and Public Protection Team have put hours of work into ensuring he is taken off the streets”, said Detective Chief Inspector James Gray, from Essex Police.
“Perpetrators may think that by offending online, they are less likely to be caught, however that is not the case. ‘Cyber-flashing’ has a detrimental impact on victims, and we will continue to investigate all reports of this offence.
“My main message here is to the perpetrators, people who think it’s acceptable to send these unsolicited photos without permission. It’s not and I ask those who think it is acceptable to reflect on their behaviour.”
