By Phillipa Anamaoh-
Upskirting’ is set to become a specific criminal offence, with perpetrators facing up to two years in prison, under a new law backed by Government.
The highly intrusive practice – colloquially known as ‘upskirting’ – typically involves offenders taking sexually intrusive photographs of a person’s clothing without them knowing, with the intention of viewing their genitals, crotch area or buttocks.
Currently, this behaviour is being successfully prosecuted under the offence of Outraging Public Decency. Ministers decided to act after concerns were raised that potentially not all instances of ‘upskirting’ are covered by existing criminal law. However, the UK government is taking a welcome strong stance against upskirting today. Upskirting has been practised by some members of the media, particularly when photographing celebrities.
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The Eye Of Media.Com heard that a recent row on Good Morning Britain between Piers Morgan and Coronation Street actress, Nicola Thorpe may have sparked the new law. The new law was already being considered before the Morgan and Thorpe row on television. However, in April, the Justice Secretary David Gauke committed to ensuring the law was fit for purpose. Today, ministers has confirmed that the Government will support legislation to close any potential loopholes, in order to better protect victims and increase convictions.
Justice Minister Lucy Frazer has stated:
“This behaviour is a hideous invasion of privacy which leaves victims feeling degraded and distressed.
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By making ‘upskirting’ a specific offence, we are sending a clear message that this behaviour will not be tolerated, and that perpetrators will be properly punished.
I’d like to thank Wera Hobhouse, Gina Martin, and all other campaigners for their tireless work, and look forward to seeing the Bill progress through Parliament.”
MEASURES
Liberal Democrat MP Wera Hobhouse introduced the measures in a Private Member’s Bill (PMB). The Bill will receive its 2nd reading in the House of Commons today (15th June).
In recent years, the Government has made tackling sexual abuse and sexual violence a priority and keeps laws in such offences under constant review. After listening carefully to the concerns of victims,stakeholders and MPs from across the House, Ministers have decided a change in the law is necessary.
Wera Hobhouse MP said:
“I got involved in politics to change things that my constituents and I care about. I am incredibly grateful to Gina Martin for starting this campaign, and for giving me the opportunity – in my first year in parliament – to do exactly that.”
“The fact that the government have listened to our calls is testament to the widespread consensus that there was a gap in the law that needed to be addressed.”
“Now if someone is to fall victim to upskirting, the law will recognise them as the victim, and the police will be able to act immediately and bring the perpetrators to justice.”
Upskirting victim Gina Martin, (26) faced cyber abuse and rape threats after starting an online campaign for the practice to be criminalised. The campaign was launched after police refused to prosecute a man whom she accused of snapping pictures of her on his phone at a music festival in Hyde Park Londonlast summer. Police could not prosecute under the Sexual Offences Act since the photos revealed underwear and not genitalia.
Today she said,
“Almost a year ago, I started my campaign to make upskirting a sexual offence after I was targeted. And now, the result of all that hard work is that women and girls who needed this law changed are now being heard by those in power. This has been a colossal undertaking for me personally and professionally, and I absolutely couldn’t have done it without Ryan (lawyer) and the incredible public behind me.”
The new law would bring the punishment for ‘upskirting’ in line with other existing voyeurism offences, and the changes will see offenders face a maximum of two years in prison. The Government willnow work with Wera Hobhouse and others to bring these measures through, with Ministers planning to ensure crucial amendments are made to the Bill. The most notable of these amendments includes placing the most serious offenders on the sex offender’s register.
Katie Ghose, Chief Executive of Women’s Aid, said:
“We welcome the government taking decisive action to make upskirting a criminal offence. This form of abuse is painful and humiliating for victims and often has a devastating impact on all aspects of their lives.
We hope that this new criminal offence will be another step forward in challenging the prevailing sexist attitudes and behaviours in our society that underpin violence against women and girls.”
Lisa Hallgarten, Head of Policy & Public Affairs for Brook, says:
Brook welcomes the Government’s recognition of the seriousness of upskirting as a move towards tackling the widespread incidence of sexual harassment of women and girls.
However, we know that the law alone is not enough and schools have a critical role in challenging harmful behaviours and practices by dealing with any issues promptly and in line with robust PSHE and safeguarding policies.
In order to keep children and young people safe from harm we must teach them at the earliest opportunity to respect each others’ privacy, to know their rights, and to understand issues around consent, coercion, and unwanted/unsafe touch.
The act of taking “upskirting” or “downblousing” photographs is already illegal in Scotland as the Sexual Offences Scotland Act has introduced the voyeurism offence back in 2009.
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