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In a significant legal development, Nicholas Hawkes, a 39-year-old resident of Basildon in Essex, has become the first person in England to be imprisoned for cyber flashing under the newly enacted Online Safety Act. Hawkes received a 66-week jail sentence at Southend Crown Court for sending unsolicited explicit images of his erect genitals to a 15-year-old girl and another woman on February 9.
Cyber flashing, the act of sending unsolicited sexual images via various digital platforms, was officially classified as a criminal offence in England with the enactment of the Online Safety Act on January 31. This legislation, long established in Scotland since 2010, criminalizes the unsolicited transmission of sexual images via social media, dating apps, text messages, or data-sharing services like Bluetooth and AirDrop.
Under the Online Safety Act, victims of cyber flashing are granted lifelong anonymity from the moment they report the offence, as it falls within the purview of the Sexual Offences Act.
Hawkes had previously admitted to two charges of sending sexually explicit images with the intent to cause alarm, distress, or humiliation at Southend Magistrates’ Court. Notably, he was already a registered sex offender and will remain so until November 2033, following convictions for sexual activity with a child under 16 and exposure last year.
The case came to light when the older victim captured screenshots of the offending image sent via WhatsApp and promptly reported Hawkes to the authorities on the same day.
Sefer Mani, representing the Crown Prosecution Service in the East of England, underscored the severity of cyber flashing, labelling it a “grotesque crime.” He emphasized the effectiveness of the new law by citing the swift justice delivered to the two victims. Mani urged all victims of cyber flashing to report such incidents to the police, assuring them of serious consideration and the protection of their identities.
The sentencing of Nicholas Hawkes marks a significant milestone in the fight against digital sexual harassment and reinforces the importance of ensuring the safety and security of individuals in online spaces.
