Imagine a scenario where someone takes a photo up another person’s skirt without consent. This intrusive act, commonly referred to as "upskirting," has made headlines, particularly in the UK, where it was once legal. It raises critical concerns about privacy, consent, and the need for legal protections. Upskirting typically occurs in crowded public spaces, making it challenging for victims to detect the act happening around them.
Writer Gina Martin became a prominent figure in the fight against this behavior after experiencing it herself during a festival in 2017. Following her incident, she learned that upskirting was not classified as a specific offence under UK law, prompting her to take action. Her campaign sparked widespread awareness and garnered significant support, ultimately leading to legal changes.
Through her efforts, Martin launched a petition that received over 50,000 signatures in a matter of days, highlighting the public's demand for change. This movement not only brought attention to the issue but also united various political factions and notable celebrities in support of establishing laws against upskirting, marking a significant turning point in the battle for women's rights and protection against sexual harassment.
What is Upskirting?
Upskirting is the act of taking a sexually intrusive photograph underneath someone's clothing without their consent. This often happens in public settings, such as on public transport or in crowded venues, making it harder for individuals to notice when they are being photographed. The act is invasive and can leave victims feeling violated and exposed.
When Did It Become a Criminal Offence?
The fight against upskirting gained momentum when the Voyeurism (Offences) (No.2) Bill, commonly known as the “Upskirting Bill,” received Royal Assent on February 12, 2019. This bill was a direct result of Gina Martin's advocacy and efforts to criminalize the act after her own experience. The law came into effect on April 12, 2019, making upskirting punishable by up to two years in prison.
Why Did It Take So Long to Be Made Illegal?
The process of criminalizing upskirting was fraught with challenges. In March 2018, MP Wera Hobhouse introduced a private member's bill to address the issue, but it faced significant opposition in the House of Commons. Conservative MP Sir Christopher Chope blocked the bill, which led to public outcry and protests, including a notable incident where an anonymous protester hung underwear outside his office in protest.
Why Was There No Law on Upskirting in England and Wales Before?
Prior to the 2019 Act, upskirting was treated under existing laws of outraging public decency or voyeurism, both of which had limitations in effectively prosecuting such acts. The legal framework was inadequate to address the specific nuances of upskirting, leaving many victims without a proper avenue for justice. In contrast, Scotland had already made upskirting illegal since 2010, indicating a disparity in legal protection across the UK.
Key Takeaways
What You Will Learn
- Upskirting is defined as taking intrusive photographs underneath someone's clothing without consent.
- Gina Martin's campaign was instrumental in criminalizing upskirting in the UK.
- The Voyeurism (Offences) Act 2019 made upskirting punishable by law for the first time.
- Before this legislation, victims were often left without legal recourse in England and Wales.
