Upskirting - Developments June 2018

On Friday 15th June 2018 a bill to criminalise upskirting in England and Wales was blocked by a single Tory MP, Sir Christopher Chope, much to the disgust of the nation and his fellow MPs.

What is Upskirting?

Upskirting is a term used to describe taking a photograph up someone’s skirt without their permission. Following a campaign by upskirting victim Gina Martin the sexually invasive act was set to be made a criminal offence this week.

In Scotland the act is an offence, where the offence also protects men in kilts, but in England and Wales without a specific offence the police have been unable to record accurately the number of potential victims. However, recent figures released after forces have slowly commenced recording incidents of this nature suggest that girls as young as 10 have been victims.

Following the blocking of the bill Theresa May, in Prime Minsters Questions on Wednesday 20th June, confirmed that the bill will be adopted as a government bill to be introduced to the commons on Thursday 21st June with a second reading before the summer recess.

Proposed Sentence for Upskirting

The bill proposes that any person guilty of this act face up to 2 years in prison in addition to being on the sex offenders register, bringing sentencing in line with the current voyeurism offences.

At Emery Johnson Astills we are regularly instructed to defend sexual offences and are alert to the potential change in legislation and sentencing guidelines which this new bill will impose. For further information and advice in relation to upskirting and other sexual offences, please contact the criminal defence team in Leicester on 0116 2554855, or in Loughborough on 01509 610312.