Nicholas Hawkes, a 39-year-old convicted sex offender from Basildon, Essex, became the first person in England and Wales to be convicted under a new cyber-flashing law, which came into effect on January 31, 2024.
Hawkes was sentenced to 5 1/2 years in prison for sending unsolicited photos of his genitals to a teenage girl and a woman. This conviction marks a significant milestone in the fight against online sexual harassment and the enforcement of the Online Safety Act.
Hawkes actions were carried out by borrowing his father’s phone, claiming he needed to call the probation office, and then sending the photos via WhatsApp to a woman and iMessage to a 15-year-old girl. The woman, upon receiving the unsolicited image, immediately sent screenshots of it to Essex Police, leading to Hawkes’ arrest and subsequent conviction.
The cyber-flashing law, part of the Online Safety Act, makes it an offense to send unsolicited sexual images via social media, dating apps, or technologies such as Bluetooth or Airdrop. This law aims to address the issue of cyber-flashing, which has been a concern for law enforcement and victims alike. The law is designed to ensure that offenders who commit their crimes online face the same consequences as those who commit indecent exposure in the physical world, emphasizing that hiding behind a screen does not exempt one from the law.
#Breaking Nicholas Hawkes, the first person in England and Wales to be convicted of a cyber-flashing offence, has been jailed at Southend Crown Court for 66 weeks for sending unsolicited explicit photos to a 15-year-old girl and a woman pic.twitter.com/6inCvcWI2S
— PA Media (@PA) March 19, 2024
Hawkes admitted at an earlier hearing that he sent a photograph or film of genitals with the intent to cause alarm, distress, or humiliation. He was already on the sex offenders register after being convicted last year of exposure and sexual activity with a child under 16. His plea of guilty to breaching both a community order and terms of the suspended sentence he received for the earlier offense further underscores the severity of his actions.
Defense lawyer Barry Gilbert argued that Hawkes did not receive sexual gratification from his offenses, attributing them to post-traumatic stress he suffered after being kidnapped, stabbed, and held for ransom eight years ago. However, Judge Samantha Leigh rejected this argument, stating that Hawkes was “deeply disturbed” and had a “warped view of himself and his sexual desires”.
This case highlights the importance of the new cyber-flashing law in protecting victims and ensuring that offenders face the consequences of their actions. The conviction of Hawkes serves as a warning to others who might consider engaging in such behavior, reinforcing the message that cyber-flashing is a serious crime that will not be tolerated .
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