Nicholas Hawkes: Man who sent nude picture to teenage girl is jailed under new cyber-flashing laws

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A convicted intercourse offender has turn into the primary to be jailed for cyber-flashing crimes under new laws, after he sent non-consensual pictures of his genitals to two victims.

Nicholas Hawkes, 39, was arrested after Essex Police obtained a report {that a} 15-year-old girl and a girl had been sent specific pictures of his erect penis over WhatsApp.

Following an investigation, he was charged and later pleaded responsible to two counts of sending {a photograph} of movie of genitals to trigger alarm or misery or humiliation and has been jailed for 15 months.

Southend Crown Court heard that Hawkes had sent the photographs from his father’s cellphone whereas he was residing at his deal with. After taking the cellphone to a non-public space, he sent an imessage picture to {the teenager} and a Whatsapp picture to a girl, aged in her 60s.

The teenager girl was mentioned to be left “overwhelmed and crying” by the picture, with Hawkes making full admission to cops upon his arrest.

Have you been affected by cyber-flashing? Email holly.evans@impartial.co.uk

These offences fashioned “part of an established pattern of behaviour” provided that he was already a registered intercourse offender after he was convicted and given a neighborhood order for sexual exercise with a baby and publicity final yr.

Speaking in his defence, Barry Gilbert insisted Hawkes was “not a pervert” and had been a person of excellent character till 2020, when his first offending begun. This got here on account of his ongoing PTSD and heavy cocaine use,

Cyber-flashing grew to become an offence in England and Wales on 31 January as a part of the Online Safety Act, with perpetrators going through a most sentence of two years in jail.

The crime typically contains offenders sending an unsolicited sexual picture to individuals through relationship apps, social media, Bluetooth or Airdrop. Often victims are proven a preview on their gadget, which means that even when the switch is rejected, they’re nonetheless subjected to seeing the picture.

Guidance has now been issued for the felony offence, which follows related current motion to criminalise upskirting and breastfeeding voyeurism.

Hannah von Dadelszen, the Deputy Chief Crown Prosecutor for CPS East of England, mentioned: “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.

“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.

“The Crown Prosecution Service has delivered the first conviction for cyberflashing, but it will not be the last and 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.”

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