Man, 39, who sent explicit picture to teenage girl is jailed over first cyber-flashing offence in England

19 March 2024, 13:42 | Updated: 19 March 2024, 14:20

Nicholas Hawkes, 39, sent non-consensual images of his genitals to two victims - a 15-year-old girl and a woman - over WhatsApp and iMessage
Nicholas Hawkes, 39, sent non-consensual images of his genitals to two victims - a 15-year-old girl and a woman - over WhatsApp and iMessage. Picture: Alamy

By Christian Oliver

A man who sent indecent unsolicited images to a teenage girl has become the first to be jailed for cyber-flashing crimes under new laws.

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Nicholas Hawkes, 39, sent non-consensual images of his genitals to two victims - a 15-year-old girl and a woman - over WhatsApp and iMessage.

The convicted sex-offender was subsequently arrested by Essex Police, where he was charged, and later pleaded guilty to two counts of sending a photograph or film of genitals to cause alarm, distress or humiliation.

Hawkes has now today been jailed at Basildon Crown court for 66 weeks.

Hawke’s conviction is the first in the UK for this offence, which was introduced under new laws in 2023 through the Online Safety Act.

Basildon combined County and Crown Court
Basildon combined County and Crown Court. Picture: Alamy

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The investigation into Hawkes was launched on Friday, February 9 after Essex Police received a report that a woman and a teenage girl had been sent explicit images over WhatsApp.

Hawkes was arrested and quickly charged with two counts of sending a photograph or film of genitals to cause alarm or distress.

As part of the sentence, he was convicted of breaching a suspended sentence order.

The convicted sex-offender must now comply with a 10-year restraining order and will be subject to a 15-year Sexual Harm Prevention Order.

Cyber flashing became a criminal offence in 2023 following the passage of the Online Safety Act. It has been a crime in the UK since 2010, however.

The law covers sending unsolicited sexual images to people via social media, text messages, dating apps, or any data-sharing services - including Bluetooth and AirDrop.

As with all sexual offences, victims are entitled to life-long anonymity.

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Lord Chancellor and Justice Secretary, Alex Chalk KC, said: “Cyberflashing is a degrading and distressing crime which cannot be tolerated or normalised.

“We’ve changed the law so those who perpetrate these vile acts face time behind bars, and today’s sentence sends an unequivocal message that such behaviour will have severe consequences.”

Commenting on the conviction, Detective Chief Inspector James Gray said: “This result proves that we are able to thoroughly investigate all sexual offences, including those which have only recently been criminalised.

“Hawkes has proven himself to be a dangerous individual and our Crime and Public Protection Team have put hours of work into ensuring he is taken off the streets.

“Perpetrators may think that by offending online, they are less likely to be caught, however that is not the case. ‘Cyber-flashing’ has a detrimental impact on victims, and we will continue to investigate all reports of this offence.

“My main message here is to the perpetrators, people who think it’s acceptable to send these unsolicited photos without permission. It’s not and I ask those who think it is acceptable to reflect on their behaviour.”

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