Basildon man sentenced to 66 weeks in prison for cyber flashing in England and Wales' first conviction

Its thought to be among the first sentences for the crime, since it was introduced earlier this year

Author: Ellie CloutePublished 19th Mar 2024
Last updated 19th Mar 2024

A man from Essex has been sentenced to 66 weeks in prison for cyber flashing, in what's thought to be the first conviction of the offence in England and Wales.

39-year-old Nicholas Hawkes, from Basildon, sent unsolicited photos of his erect penis to a 15-year-old girl and a woman on February 9th.

The woman took screenshots on WhatsApp of the image from Hawkes, and reported him to Essex Police.

He was sentenced today, March 19, at Southend Crown Court.

Speaking after conviction, CPS called the crime "grotesque".

He admitted to two counts of sending a photograph or film of genitals to cause alarm, distress or humiliation at Southend Magistrates' Court, CPS said.

Hawkes is a registered sex offender until November 2033 after he was convicted and given a community order for sexual activity with a child under 16 years old and exposure last year at Basildon Crown Court, the CPS said.

What is the new offence?

Cyber-flashing became an offence on January 31st this year as part of the Online Safety Act.

"the new law is working"

Sefer Mani, from CPS East of England, said: "Cyber-flashing is a grotesque crime and the fact we were able to deliver swift justice for the two victims shows the new law is working.

"Everyone should feel safe wherever they are and not be subjected to receiving unwanted sexual images.

"I urge anyone who feels they have been a victim of cyber-flashing to report it to the police and know that they will be taken seriously and have their identities protected."

Victims of the offence also receive lifelong anonymity, under the Sexual Offences Act, from the point of reporting the cyber-flashing or image-based abuse to Police.

Essex Police 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.”

Minister for Technology and the Digital Economy, Saqib Bhatti said:

“Cyber-flashing was amongst a host of vile offences we criminalised in January as part of our ground-breaking Online Safety Act to make the UK the safest place to be online.

“Today is a significant milestone and sends a clear message to abusers; the internet will no longer serve as a sanctuary for your sinister crimes.”