- By Lewis Adams
- BBC News, Essex
A convicted paedophile who sent a picture of his erect penis to a 15-year-old girl has become the first person to be jailed for cyber-flashing in England and Wales.
Registered sex offender Nicholas Hawkes, 39, of Basildon, Essex, also sent unsolicited photos to a woman.
The woman took screenshots of the WhatsApp image sent on 9 February and reported it to police the same day.
The offence was brought in under the Online Safety Act and came into effect on 31 January.
Hawkes’ registration as a sex offender already ran until November 2033 after he was given a community order last year for sexual activity with a child under 16 and exposure.
‘Speedy justice’
He has now been sentenced to 66 weeks in jail at Southend Crown Court for two offences of sending a photograph or film of genitals to cause alarm, distress, or humiliation.
Hannah von Dadelszen, deputy chief crown prosecutor for the East of England, hailed the “speedy justice” served and said the new legislation was a “really important tool in a prosecutor’s toolkit”.
“It just gives the prosecution another string to its bow in terms of offending in the digital space,” she told the BBC.
Prof Clare McGlynn, author of Cyber-flashing: Recognising Harms, Reforming Laws, told BBC Radio 4’s Today programme that she feared loopholes still remained in the law.
She said it was a “hard threshold” for prosecutors to prove if a defendant intended to cause alarm, distress or humiliation.
“They do say it was a form of banter or they were just doing it for a laugh and didn’t mean any harm,” said Prof McGlynn, of Durham University.
“Even if we know that’s not the case, we have to prove an intention to cause distress.”
William Turner is a seasoned U.K. correspondent with a deep understanding of domestic affairs. With a passion for British politics and culture, he provides insightful analysis and comprehensive coverage of events within the United Kingdom.