Scotland to punish revenge porn crimes more harshly than England with 5 year maximum sentence

England's maximum punishment is two years

78 per cent of Scottish adults think revenge porn should be a crime, found research (Corbis)

Perpetrators of revenge porn could be prosecuted and spend up to five years behind bars following the introduction of a new law in Scotland.

The Abusive Behaviour and Sexual Harm Act targets people who share intimate images of other people without consent.

It comes in an age where smartphones and social media make this kind of activity ever more prevalent, according to research.

The legislation, which was passed unanimously by MSPs in March and came into force this month, makes it an offence to “disclose, or threaten to disclose, an intimate photograph or film” without consent.

It comes more than two years after a similar law was passed in England, and more than 200 people have since been prosecuted. Under English law, the maximum penalty is two years imprisonment.

Scotland's Justice Secretary Michael Matheson said that some people use social media to “abuse, intimidate, harass or expose” others and the impact could be “hugely damaging”.

“There is no place for this abusive and manipulative behaviour in Scotland, and the threat of sharing images without consent will be viewed just as seriously as the act of sharing,” he said.

“The maximum penalty of up to five years reflects the serious nature of this crime and anyone who shares or threatens to share an intimate image without consent will feel the full force of the law.”

A new public awareness campaign called Not Yours To Share aims to educate people on what constitutes a crime.

The campaign was developed in partnership with Scottish Women’s Aid, Rape Crisis Scotland, ASSIST, Police Scotland and the Crown Office.

Research from Scottish Women’s Aid found that 78 per cent of Scottish adults think it should be illegal for someone to share an intimate image they have been sent.

Marsha Scott, chief executive of Scottish Women’s Aid, told Heart Scotland News that the “milestone” legislation would be a first step to prevent online abuse.

“I think we have to wait and see how well it’s policed, how well it’s prosecuted, the extent to which women have confidence in the system to come forward and share what is undoubtedly a shameful feeling and it will be about how robust everybody takes their job.”