"Hi there, I take photos of models with their clothes off.. If they decide to be bitches in the future and complain about images they don't like can I get arrested and have my reputation/life ruined over the model going to the police with my name?"
Somebody could always type down all the "fantasy scenarios" they can think of and contact the police asking them about what would happen in each situation. Would get the answer quicker than taking a guess on pure storm..
Somebody could always contact the police. "Hi there, I take photos of models with their clothes off.. If they decide to be bitches in the future and complain about images they don't like can I get arrested and have my reputation/life ruined over the model going to the police with my name?" Somebody could always type down all the "fantasy scenarios" they can think of and contact the police asking them about what would happen in each situation. Would get the answer quicker than taking a guess on pure storm..
The police will act accordingly to the complaint lodged with them. If it's not entirely obvious what the story is, they're duty-bound to investigate further, or if it's clearly bogus then they'll leave it at that.
The problem with law is that it's a grey area and depending on the complaint, and mindset of the officers involved you don't know what the outcome would be. Furthermore, if an investigation does take place and they feel there is a case then you're onto the next stage of going through the courts where the water is muddied further.
Back on topic :- Another point to consider is where you have girls who haven't modelled before and want to dive in at the deep end so to speak. As a photographer, you wouldn't be able to point to her previous modelling history should she decide to lodge a complaint and so would have to solely rely on emails, model releases & bunny shots to prove your point.
People are also mentioning the relationship thing but I wonder if it even has to be former partners? could it apply to people who were simply friends, or aquaintances thought it may be fun to take some saucy images? Afterall, the definition is "Photographs or films which show people engaged in sexual activity or depicted in a sexual way or with their genitals exposed, where what is shown would not usually be seen in public", and could apply to anyone.
The chances of this causing problems I agree, are slim, but I wouldn't be surprised if someone out there will try to use this new law and sooner or later I would imagine a photographer is going to fall victim to unfair scrutiny as a result of this.
I suppose this could also be twisted the other way. Many models will, at some point, have made a sex tape or saucy pictures with/for a sexual partner. Obviously not a wise thing to do with someone you don't trust, but then again, someone you did trust at one time might turn out to not be quite the person you'd imagined.
Assuming there's the possibly (however small) of a model trying this tactic, then there's also the possibility of a nasty ex boyfriend claiming consent based on the fact that she happens to be a model. This shouldn't be relavent at all, given that there's a big difference between making personal images meant for just the two of you and posing for images that you expect to be published. However, if there are already suggestive images of the model out there then I imagine a particularly nasty ex could twist that to be a plausible excuse. Even with proof that the images/videos were intended strictly for private use, a nude or adult model would invariably get less sympathy than the shy inncoent virginal girl next door.
I think that if a model poses for images then she should fully expect those images to end up on the internet at some point. But if she is posing for images outside of a modelling context, then she should not expect or condone this, any more than any other individual who brings this into their personal relationships (and a lot of people will have some kind of naughty pciture/ video of a partner).