Upskirting Legislation Comes into Force

The new Voyeurism (Offences) Act 2019 comes into force on 12th April 2019.

Upskirting typically involves offenders taking intimate photographs under a person's clothing without their knowledge. The new legislation bans the degrading practice to deter perpetrators, better protect victims, and bring more offenders to justice.

The Act adds two new offences to the Sexual Offences Act 2003 to cover the practice of upskirting. The new offences apply when:

• Without consent, an individual operates equipment or records an image beneath a person's clothing;
• The offender has a motive of either obtaining sexual gratification or causing humiliation, distress or alarm to the victim.

The offence has a maximum sentence of two years with conviction on indictment or one year with summary conviction. In the most serious instances of upskirting - those where the purpose of the offence is for sexual gratification - the offender will be placed on the Sex Offenders' Register.

Prior to the introduction of the new Act, the offence of Outraging Public Decency could be used to prosecute those accused of upskirting. However, deficiencies in that legislation meant that some instances of upskirting were not covered. The new Act creates a specific offence applicable to all instances of upskirting, which should lead to more effective enforcement.

Gina Martin, 27, has campaigned tirelessly for the new legislation after a pervert took a photograph underneath her skirt at a music festival.

Gina described the incident in an earlier interview with ITV show Lorraine: "I saw one of the guys on his phone in front of me... and he had this very well taken photo of a girl's sort of crotch and genitals and I realised it was me immediately.

"And he shared it with everyone."

Justice Minister Lucy Frazer said: "Those who commit such a degrading act will face prison, and victims' complaints will be dealt with seriously.

"Gina Martin and other victims, charities and MPs supporting her should be immensely proud. Her efforts show how one campaigner can work with Government to change the law for everyone."

The new Voyeurism (Offences) Act 2019 applies in England and Wales only. Upskirting is already a specific offence in Scotland.