Cyberflashing laws have been a long time in the making across the UK, and finally came into effect on January 31, 2024 as part of the Online Safety Act (although in Scotland, dick pics have been a crime since 2010). Now, a 39-year-old English man has become the first ever cyber-flasher to be jailed in England and Wales.
The registered sex offender, Nicholas Hawkes, has been sentenced to more than a year (66 weeks) behind bars at Southend Crown Court, for sending unsolicited photos of his genitals to a 15-year-old girl and an adult woman. Specifically, Hawkes sent photos of his erect penis to the pair on February 9. The woman took screenshots via WhatsApp and reported the man to Essex police the same day.
At a hearing at Southend Magistrates’ Court on February 12, Hawkes pleaded guilty to the two counts of “sending a photograph or film of genitals to cause alarm, distress, or humiliation”. This falls under the recent cyberflashing law, which includes images sent on social media and dating apps, or via Airdrop or Bluetooth.
On Tuesday (March 19), Hawkes pleaded guilty to breaching a community order and a suspended sentence for another sexual offence. He was already on the sex offenders register after being convicted of exposure and sexual activity with a child under 16 last year.
“Cyberflashing 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, following the sentencing. “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.”
“The Crown Prosecution Service has delivered the first conviction for cyberflashing, but it will not be the last,” she added. “I urge anyone who has been a victim of this shocking crime – whether via instant messages, dating apps, or by any other means – to come forward, knowing you have the right to lifelong anonymity.”
Victims of cyberflashing and other forms of image-based abuse receive lifelong anonymity from the point of reporting, under the Sexual Offences Act.