Upskirting Law
Upskirting, the act of taking non-consensual photographs or videos up someone’s skirt or dress, has been recognised as a serious criminal offence under UK law since 2019. The Voyeurism (Offences) Act 2019 made it illegal to capture images or footage under a person’s clothing without their consent, addressing the growing issue of sexual harassment in public spaces. Upskirting, which primarily affects women and girls, is an invasive violation of privacy that has drawn significant public attention and led to increasing legal action.
What is Upskirting?
Upskirting involves taking an image or video underneath a person’s clothing, typically without their knowledge, for sexual gratification or to cause humiliation and distress. It most often occurs in public places such as shops, public transport, and busy streets, where perpetrators can act without the victim’s awareness.
Before the Voyeurism (Offences) Act 2019, the law did not specifically cover upskirting, making it challenging to prosecute offenders. The introduction of the law filled this gap by criminalising the act and recognising the profound impact it has on victims.
The Voyeurism (Offences) Act 2019: Legal Framework
The Voyeurism (Offences) Act 2019 made upskirting a specific criminal offence in England and Wales. The legislation criminalises the act of capturing non-consensual images or videos under a person’s clothing for the purpose of obtaining sexual gratification or causing humiliation, distress, or alarm to the victim.
Key aspects of the law include:
- Non-Consensual Nature: The offence occurs when an image or video is taken without the person’s consent.
- Intent: The perpetrator must have intended either to obtain sexual gratification or to cause humiliation, distress, or alarm. This element distinguishes upskirting from other forms of photography.
- Protected Areas: The law covers images or footage taken of intimate areas, such as the genitals, buttocks, or underwear, beneath clothing.
Punishments and Sentencing Guidelines for Upskirting
The penalties for upskirting offences are designed to reflect the severity of the crime, with potential consequences ranging from fines to imprisonment.
- Summary Conviction (Magistrates’ Court):
In less severe cases, a conviction in a magistrates’ court can result in up to 12 months in prison and/or an unlimited fine. - Conviction on Indictment (Crown Court):
For more serious cases, particularly where there is evidence of sexual intent, the case may proceed to a Crown Court, with a maximum sentence of up to two years in prison. - Sex Offenders Register:
Offenders who commit upskirting for sexual gratification can also be placed on the Sex Offenders Register, which carries long-term consequences for their personal and professional lives.
Key Upskirting Statistics (2020–2024)
Since the Voyeurism (Offences) Act 2019 came into effect, the number of upskirting prosecutions and convictions has steadily increased. This reflects growing awareness of the issue and the law’s effectiveness in targeting offenders. Key statistics from 2020 to 2024 show that upskirting remains a significant issue, with more cases being reported and successfully prosecuted.
- Prosecutions: From April 2020 to June 2021, 46 men and 1 teenage boy were prosecuted for a total of 128 offences. This demonstrates the law’s wide-reaching impact on offenders across different age groups.
- Common Locations: Shops were the location of 36% of upskirting offences, but public places such as streets, parks, and public transport were also frequent sites of these crimes. The prevalence of upskirting in everyday locations underscores the need for increased vigilance and public awareness.
- Victims: Teenage girls were the victims in 16 of these offences. Additionally, in the Thames Valley region, there were 19 female and 2 male victims, illustrating that while the majority of victims are women, men can also be affected.
- Regional Data: Thames Valley Police recorded 26 offences in the 2021–2022 period, showing that certain areas are seeing higher levels of upskirting-related crimes.
- Convictions: The number of convictions for upskirting increased from 44 in 2019–2020 to 74 in 2022–2023, a notable rise that highlights the law’s growing enforcement.
- Additional Crimes: Around one-third of offenders also committed other serious sexual offences, indicating a troubling pattern of behaviour among some individuals who engage in upskirting.
These statistics underscore the serious and ongoing nature of upskirting offences and the law’s role in addressing them. The rise in prosecutions and convictions demonstrates that the Voyeurism (Offences) Act 2019 is helping to tackle this problem, but upskirting remains a widespread issue.
Defences to Upskirting
While upskirting is a serious offence, there are potential defences that may be raised by those accused, although these are limited by the nature of the crime.
- Lack of Intent:
One potential defence is that the accused did not have the intent to capture images for sexual gratification or to cause distress. For example, if the photographs were taken accidentally or in a non-intimate context, it may be difficult for the prosecution to establish intent. - Consent:
Another defence could be that the victim had given consent for the images to be taken. However, in upskirting cases, consent is rarely given, and the offence is often defined by the victim’s lack of awareness of the act. - Mistaken Identity:
If the accused was not immediately identified at the scene, they may argue that they were not the person responsible for the upskirting. This defence may rely on the absence of clear evidence, such as CCTV footage or eyewitness evidence.
Why you should contact us
If you are contacted by the police, being investigated, or facing charges, it is crucial to seek expert legal advice from Makwana Solicitors. Our experienced team specialises in providing clear, reliable guidance throughout police investigations and criminal proceedings, ensuring your rights are protected at every stage. Whether you are facing questioning, formal charges, or need representation in court, we offer personalised support tailored to your specific situation. With a deep understanding of criminal law, Makwana Solicitors will work tirelessly to achieve the best possible outcome.
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