Freelance writer living in London, Gina Martin, 26, has started the petition Email your MP: Make upskirt photos a specific sexual offence! in 2017.
"This all started when two men took photos up my skirt (and sent them to people around me to humiliate me) at a festival last summer. After handing the phone, photo and one of the perpetrators over to the police, I was told that there was nothing that could be done," Ms. Martin explained.
I have been ~BURSTING~ to tell you all this: The Government is with us!! @LuzyFrazerMP met with me, @ryantwhelan and @Wera_Hobhouse this week and the Gov. is well and truly committed to closing the gap in the law. They are passionately backing my campaign and our bill! 😭🍾 pic.twitter.com/BOzZrBrEj5
— Gina Martin (@beaniegigi) June 14, 2018
What is colloquially known as 'upskirting' typically involves "offenders taking a picture under a person's clothing without them knowing, with the intention of viewing their genitals or buttocks."
Currently only in Scotland 'upskirting' is already a specific offence. In England and Wales existing criminal law does not necessarily cover every instance of 'upskirting.' The intrusive practice does not go unpunished in England and Wales, according to the Ministry of Justice, as there have been successful prosecutions under the Outraging Public Decency (OPD) offence.
‘Upskirting’ is set to become a new specific criminal offence. Find out how we’re planning to increase convictions, better protect victims and close potential legal loopholes: https://t.co/Dvoltp1fSM pic.twitter.com/wc5xjJo0v2
— Ministry of Justice (@MoJGovUK) June 14, 2018
Change Has to Be Comprehensive
Professor of Law at Durham University and expert on sexual violence, Dr. Clare McGlynn, has welcomed the steps taken by the government but suggested that comprehensive change is needed.
The Ministry of Justice "needs to do more to modernize, strengthen and make law consistent for all victims of image-based sexual abuse."
Probably good to be cautious before recording school children as sex offenders for life. They can still be punished outside the criminal law for bullying.
— Tom Evans (@TomEvans80) June 15, 2018
I expect in cases of serious bullying an intention to cause distress could be inferred and denial of such would become increasingly implausible. Hopefully for less clear cut cases some education on decent people's standards the possible future consequences might help, as you say.
— Tom Evans (@TomEvans80) June 15, 2018
My take here on why announcement today is a welcome first step but @MoJGovUK needs to do more to modernise, strengthen and make law consistent for all victims of image-based sexual abuse:https://t.co/FmDeTe2RDN https://t.co/xRMUPQPCBL
— Prof Clare McGlynn (@McGlynnClare) June 15, 2018
READ MORE: UK Campaign Seeking to Make 'Upskirting' Criminal Offense Gains Momentum
The bill, tabled by Bath Liberal Democrat MP Wera Hobhouse, returns to Parliament for its 2nd reading on 15 June where the lawmakers will formally give their support.
UK Justice Minister Lucy Frazer said, "making 'upskirting' a specific offence, we are sending a clear message that this behavior will not be tolerated, and that perpetrators will be properly punished."
A summary conviction would carry a sentence of up to one year in prison and/or a fine. And a more serious offence, tried in the Crown Court, would carry a sentence of up to two years in prison.
