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'Upskirting' should be criminal offence, campaigners say 'Upskirting' should be criminal offence, campaigners say
(35 minutes later)
The government should criminalise "upskirting" as a sexual offence, say campaigners, after police data showed one complainant was 10 years old. "Upskirting" should be made a specific sexual offence, after police data showed a 10-year-old girl was among those targeted, campaigners say.
The practice of covertly photographing under the skirts of women is not a specific offence in England and Wales. Secretly photographing underneath a skirt is not a specific offence in England and Wales.
Since 2015, there have been just 11 charges related to upskirting, a Freedom of Information request found.
The Ministry of Justice says that upskirting is currently covered by alternative avenues of prosecution.The Ministry of Justice says that upskirting is currently covered by alternative avenues of prosecution.
A day after the department said the law on upskirting was "under constant review", a spokesman said that, as powers to enable prosecutions "already exist", a change in law was not needed. There have been just 11 charges related to the practice since 2015, a Freedom of Information request found.
The FoI request, made by the Press Association, found only 15 out of 44 police forces contacted held records - a situation campaigners describe as "wholly inadequate".
Upskirting has been an offence in Scotland since 2010 when it was listed under the broadened definition of voyeurism.
A day after the department said the law on upskirting was "under constant review", an MoJ spokesman said that, as powers to enable prosecutions "already exist", a change in law was not needed.
In a statement, the MoJ said it was "up to prosecutors to decide if there is sufficient evidence for them to move forward, the issue is not with the laws in place."In a statement, the MoJ said it was "up to prosecutors to decide if there is sufficient evidence for them to move forward, the issue is not with the laws in place."
But the FoI request found only 15 out of 44 police forces contacted held records - a situation campaigners describe as "wholly inadequate". MP Maria Miller, who chairs the Commons' women and equalities select committee, said more must be done to stop a "horrific crime" and that a stronger legal framework "can help" begin to tackle it.
In Scotland upskirting has been an offence since 2010 when it was listed under the broadened definition of voyeurism.
MP Maria Miller, who chairs the women and equalities select committee, said more must be done to stop the "horrific crime" of upskirting.
She said: "Attempting to take a photograph underneath a skirt is a gross violation of privacy and potentially an act of indecency".She said: "Attempting to take a photograph underneath a skirt is a gross violation of privacy and potentially an act of indecency".
Ms Miller added that a stronger legal framework "can help" begin to tackle the problem. Insufficient evidence
Law 'not fit for purpose' As there is no law specifically naming and banning upskirting, victims and police are presently only able to pursue offences of voyeurism or indecency.
As there is no law specifically naming and banning the practice, victims and police are presently only able to pursue offences of voyeurism or indecency. The FoI request found the police pursued 78 offences related to upskirting since 2015, but only 11 led to alleged offenders being charged.
The FoI requests, made by the Press Association, found the police pursued 78 offences related to upskirting since 2015, but only 11 led to alleged offenders being charged.
There was insufficient evidence to proceed in several cases, including in regard to an alleged sexual offence on a 10-year-old girl in 2015, Avon and Somerset Police said.There was insufficient evidence to proceed in several cases, including in regard to an alleged sexual offence on a 10-year-old girl in 2015, Avon and Somerset Police said.
Upskirting took place in a wide variety of public spaces, including nightclubs, shops and restaurants - with mobile phones frequently used and young women disproportionately targeted.Upskirting took place in a wide variety of public spaces, including nightclubs, shops and restaurants - with mobile phones frequently used and young women disproportionately targeted.
Upskirting allegations by police forcesUpskirting allegations by police forces
Clare McGlynn, professor of law at Durham University and an expert on sexual violence, said the FoI data showed there "are few public places where women are free from this abuse".Clare McGlynn, professor of law at Durham University and an expert on sexual violence, said the FoI data showed there "are few public places where women are free from this abuse".
She said: "The government's continuing failure to provide an effective criminal law against upskirting breaches women's human rights."She said: "The government's continuing failure to provide an effective criminal law against upskirting breaches women's human rights."
She added women were entitled to protection, privacy and "a law that is fit for purpose", by treating the act as sexual abuse and providing anonymity to complainants. She added women were entitled to protection, privacy and "a law that is fit for purpose", by treating the act as sexual abuse.
"Only then will victims feel more willing to come forward and report to the police and support prosecutions," she said."Only then will victims feel more willing to come forward and report to the police and support prosecutions," she said.
What are the limitations of the current law? by BBC Reality CheckWhat are the limitations of the current law? by BBC Reality Check
Campaigners say the current situation resembles that of revenge porn: the practice of posting online explicit material without the subject's consent, which was only made illegal in April 2015, after a national campaign.Campaigners say the current situation resembles that of revenge porn: the practice of posting online explicit material without the subject's consent, which was only made illegal in April 2015, after a national campaign.
They argue the ambiguity surrounding upskirting is similar, and that a specific offence needs to be created so the police can pursue more cases.They argue the ambiguity surrounding upskirting is similar, and that a specific offence needs to be created so the police can pursue more cases.
Sarah Green, for the End Violence Against Women coalition, described the police figures as "very concerning, even though only a minority of police forces were able to respond because the behaviour is not classified as an offence".Sarah Green, for the End Violence Against Women coalition, described the police figures as "very concerning, even though only a minority of police forces were able to respond because the behaviour is not classified as an offence".
She said: "The police responses show that the police are clearly struggling to recognise upskirting distinctly, even though the disclosures reveal that it is commonly connected to existing sexual offences including voyeurism and sexual assault.She said: "The police responses show that the police are clearly struggling to recognise upskirting distinctly, even though the disclosures reveal that it is commonly connected to existing sexual offences including voyeurism and sexual assault.
"It is notable that girls and young women are disproportionately targeted where that information has been recorded. The law should be urgently examined in this area.""It is notable that girls and young women are disproportionately targeted where that information has been recorded. The law should be urgently examined in this area."