3/6/23, 9:54 AM FGX v Gaunt [2023] EWHC 419 (KB) (27 February 2023) This judgment was handed down remotely at 2:30pm on Monday 27th February 2023 by circulation to the parties or their representatives by e-mail and by release to the National Archives. The Hon. Mrs Justice Thornton DBE: Introduction 1. This is an assessment of damages in a claim arising from the covert recording of naked images of the Claimant and their subsequent publication on a pornographic website, alongside a photograph of the Claimant's face. The expert evidence considers that the likelihood of the images being replicated elsewhere is high. The knowledge that naked images of her are on the internet, available to the public, has caused the Claimant to suffer from chronic post traumatic stress disorder, leading to an enduring personality change. 2. The term 'revenge porn' is commonly used to describe the Defendant's conduct but the term conveys the impression that a victim somehow deserved what happened to them. The description suggested by Counsel and used in this judgment, is image-based abuse. 3. The claim is thought to be the first case of its type to come before the civil courts in England and Wales. 4. The Particulars of Claim advanced the claim as follows: intentionally exposing the Claimant to a foreseeable risk of injury or severe distress which resulted in injury infringement of the Claimant's privacy breach of the Claimant's confidence (misuse of private information). 5. Judgment on liability was given in favour of the Claimant when the Defendant failed to provide any defence to the claim. 6. For the reasons that follow, I award general damages of £60,000 and special damages of £37,041.61 for consequential financial losses, making a total of £97,041.61. 7. Following the conduct under scrutiny in this claim, the Defendant was convicted of voyeurism, an offence to which the provisions of the Sexual Offences (Amendment) Act 1992 apply. Under those provisions where a sexual offence has been committed against a person, no matter relating to that person shall during that person's lifetime be included in any publication if it is likely to lead members of the public to identify that person as the victim of that offence. This prohibition applies unless waived or lifted in accordance with Section 3 of the Act. Factual Background 8. The Claimant is 49-years-old. She moved to the UK in December 2015. She and the Defendant began a romantic relationship in March 2016 and she moved into his house in May of the same year. 9. Around 16th October 2017, the Claimant found a microscopic camera concealed in the bathroom at home. Over the course of several days, she discovered that the Defendant had filmed her in three different ways. in the bathroom while she was naked and cleaning the bathroom before showering while she was showering while she slept topless https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/KB/2023/419.html&query=(defamation) 2/13