Upskirting is a crime that has gained attention in recent years, and with good reason. It is a deeply invasive act that violates a person’s privacy, often leaving victims feeling humiliated, distressed, and vulnerable. In response to growing concerns, the UK government introduced specific legislation to address the issue of upskirting, criminalising this behaviour in 2019.
This article will provide you with a clear and simple overview of what upskirting is, why it’s important to understand this crime, and what the law says about it. If you or someone you know has been affected by upskirting, this article will guide you through the key points and help you understand your rights.
What Is Upskirting?
At its core, upskirting refers to the act of taking a photograph or recording a video under someone’s clothing without their knowledge or consent. The goal of this action is usually to capture intimate images of the person’s private parts, such as their genitals or buttocks. This can happen in public or private settings, and the person taking the photo may use a phone, camera, or other devices to secretly record these images.
While the term “upskirting” may bring to mind images of someone taking a photo under a woman’s skirt, this crime can affect anyone, regardless of their gender or what they are wearing. The law makes it clear that it doesn’t matter if the person is wearing a skirt, a pair of trousers, or any other type of clothing—the act of secretly photographing or recording another person without their consent is illegal.
Why Is Upskirting a Problem?
Upskirting is not only an invasion of privacy but also an act that can leave a person feeling vulnerable and violated. Imagine going about your day in a public space, such as on public transport, at a concert, or in a busy shopping centre, only to find out that someone has taken an intimate photo of you without your consent. It is a deeply distressing experience that undermines your sense of personal safety and security.
The impact on the victim can be long-lasting. Many victims of upskirting report feelings of anxiety, embarrassment, and a loss of trust in public spaces. For some, it can lead to a sense of shame, even though they are the ones who have been wronged. These feelings are completely understandable, as upskirting is an attack on a person’s dignity and personal autonomy.
The reason upskirting has become a major legal issue is because it has often gone unpunished. In the past, it was sometimes treated as a minor offence or charged under other, less specific laws. However, with the increasing awareness of how damaging this act can be, the UK government took steps to criminalise upskirting, ensuring that those who commit this offence face appropriate consequences.
The Law on Upskirting
Before 2019, upskirting was often prosecuted under common law offences like “outraging public decency” or voyeurism laws. However, these existing laws didn’t fully capture the specifics of upskirting, leaving many victims without the protection they needed.
In 2019, the Voyeurism (Offences) Act was introduced. This law made upskirting a specific crime, ensuring that individuals who engage in this behaviour would face criminal penalties. This was a significant step forward in protecting the privacy of individuals and sending a clear message that upskirting is unacceptable in society.
The Act defines upskirting as:
- Taking a photograph or recording an image beneath someone’s clothing without their consent, with the intent to view their genitals, buttocks, or underwear.
- Intent to cause humiliation, distress, or alarm by taking or sharing these images.
The new law applies to all genders, meaning that both men and women can be victims of this crime. The intention behind the crime is key. If the perpetrator is trying to gain sexual gratification or cause harm, the law takes these motives seriously and treats them as criminal behaviour.
What Are the Penalties for Upskirting?
If you are found guilty of committing an upskirting offence, the law provides clear penalties. The consequences vary depending on the circumstances and where the case is heard.
- In the Magistrates’ Court (a summary conviction), a guilty verdict can lead to:
- A maximum sentence of 6 months in prison.
- A fine.
- In the Crown Court (if the case is more serious), a guilty verdict can result in:
- A maximum sentence of 2 years in prison.
In addition to these prison sentences, those convicted of upskirting may also be placed on the sex offenders register if their actions were motivated by sexual gratification. Being on the sex offenders register has long-term consequences for the individual, as it can affect employment opportunities, travel, and even personal relationships.
How Does the Law Protect Victims?
The law is not just about punishing offenders; it also focuses on protecting the rights of victims. If you have been a victim of upskirting, you are entitled to several legal protections:
- Protection from being named – Victims of upskirting are automatically protected from having their identity revealed in the media. No details, such as your name, address, or photographs, can be published.
- Support services – Victims can seek support from organisations that specialise in helping those who have experienced privacy violations or sexual offences. These services can offer emotional support, legal advice, and practical help as you go through the process of reporting the crime.
- Police support – The police take upskirting allegations seriously, and victims are encouraged to report any incidents to the authorities. You will be treated with respect and your case will be investigated thoroughly. It’s essential not to suffer in silence—there are resources available to help you.
Reporting an Upskirting Offence
If you believe you’ve been a victim of upskirting, it’s important to take action immediately. The longer you wait, the harder it may be to gather evidence, and you might miss out on getting the support you need.
- Contact the police – Reporting the incident to the police as soon as possible is essential. The police can investigate the situation, gather evidence, and pursue the case against the offender.
- Seek legal advice – You may want to seek legal advice, especially if you are unsure about your rights or what steps to take. A solicitor can guide you through the process and ensure you are fully informed about your options.
- Use support services – If the experience has left you feeling vulnerable or unsure, there are many organisations that can provide emotional and practical support. Victims’ support charities can help you navigate the emotional aftermath of the crime and provide you with the resources you need to recover.
What Can You Do if You Are Accused of Upskirting?
If you have been accused of upskirting, it is crucial to seek legal advice immediately. An experienced solicitor can help you understand the charges against you, explain your rights, and guide you through the legal process. You must not discuss the case with anyone except your lawyer. Anything you say could potentially be used against you.
Additionally, depending on the specifics of the case, you may be entitled to defence strategies such as demonstrating a lack of intent or challenging the evidence. It’s important to handle the situation with care and allow your legal team to manage the case on your behalf.
Conclusion
Upskirting is a serious violation of privacy that can cause significant distress and harm to victims. The introduction of the Voyeurism (Offences) Act 2019 is an important step in protecting individuals from this invasive crime and ensuring that those who commit it face serious legal consequences. If you are a victim of upskirting, it is essential to know your rights and seek the support you need. If you have been accused of committing this offence, it’s crucial to take immediate legal action. Remember, the law is there to protect you, and help is available if you need it.
