Crime Solicitors

After an online campaign to make the act of taking photographs underneath clothing illegal, has generated over 60,000 signatures, ministers are considering an amendment to legislation.

Gina Martin, who began the campaign, recalls her own experience of “upskirting.”

Gina was a victim of the practice whilst at a music festival. When she reported the incident to the police, they did not charge the man.

Gina has highlighted section 67 of the Sexual Offences Act, which she asks to be amended to include this particular offence.

In Scotland, when someone takes a photograph up the skirt or down the top of an individual, they are committing an illegal offence. England and Wales do not prosecute for this particular act.

The BBC ran a series of case studies to document the experiences of victims. Amanda, a mother of two girls recounts the instance where her 18 year old was snapped whilst out shopping with her younger sister. A man observed the act and reported it, resulting in the arrest of the perpetrator.

Amanda recalls the struggle the police went through to charge the man with a particular crime. After voyeurism didn’t match up, they were forced to amend the charge to an act of public nuisance. He paid a fine and Amanda’s daughter received compensation.

With the number of cases highlighted after Gina’s plea for change, it can only be a matter of time before the law has to account for this particular public offence.

Aside from the invasion of privacy, perpetrators of “upskirting” are making women vulnerable to exposure on a wider scale. Pictures can be shared and viewed online if this sort of act is allowed to continue without appropriate punishment.

Richard Burgon, Labour’s shadow justice secretary, has responded to the campaign. He has taken into account the plea from Gina and various police commissioners and is awaiting advice before furthering his support for the change in legislation.

“I want to be absolutely certain that this would be the right course to take.”

The Scottish Sexual Offences Act (2009) states that if the offender, “operates equipment with the intention of enabling [them]… to observe B [the victim] doing a private act” they are committing an offence of voyeurism.

What is the Problem with the Law?

The law does take account of people recording others. However, it expressly states that they must be capturing a “private act”.

Part of 67 Sexual Offences Act 2003 is copied below to highlight the issue :

“(2)A person commits an offence if—
(a)he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and
(b)he knows that B does not consent to his operating equipment with that intention.
(3)A person commits an offence if—
(a)he records another person (B) doing a private act,
(b)he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and
(c)he knows that B does not consent to his recording the act with that intention.”

The law needs a simple amendment to take account of the circumstances surrounding Gina Martin’s Case at the British Summer Time festival.

If Gina had been in a place which would reasonably be expected to provide privacy, such as her home or a changing room, it could amount to voyeurism under section 67 of the Sexual Offences Act.

However, a festival field would not fit under the remit of this law.

“Upskirting” can also come under the criminal offence of "outraging public decency" if two or more people see the photograph - but in Gina’s case, no such charge was made.

Gina asks that Section 67 of the Sexual Offences Act in England and Wales be amended to include “upskirting” so that other women who are victim to this are protected by the law.

Duncan Lewis Crime Lawyers

Duncan Lewis Crime Lawyers can advise at any stage of a charge involving sexual offences, including rape, attempted rape, conspiracy to rape, sexual assault, grooming, child sexual exploitation, historical charges involving child sexual abuse, revenge porn, prostitution – and making, downloading, or distributing indecent images.

There are Duncan Lewis offices across England and Wales – and a Duncan Lewis criminal defence solicitor can usually reach a police station for interview under caution within an hour.

If you anyone you know needs advice on any sexual offence feel free to contact Rubin Italia our sexual offences specialist on 07500013118 or email at rubini@duncanlewis.com. Alternatively call Duncan Lewis crime lawyers on 0333 772 0409.

For 24/7 help at a police station, call the Duncan Lewis Solicitors 24-Hour Emergency Helpline on 0333 772 0607.