The lords be praised: Upskirting is now a criminal offence (almost)
In all the excitement over the Brexit vote yesterday, it largely went unnoticed that the House of Lords gave its approval on the same day to a Bill which will make upskirting an offence.
The move follows the frustration caused to campaigners in June last year by Sir Christopher Chope crying “object” in the House of Commons and brining to an end a Private Members Bill to introduce the law. He had his own reasons, based on objections to the Private Members Bill Procedure being used in a way which was not usually allowed by parliamentary precedent. Of course, there is some irony in that as we now know that as a result of the Brexit shenanigans parliamentary precedent is no longer something to be relied on.
After June, the Government adopted Wera Hobhouse MPs Private Members Bill and it has been quietly progressing through the various stages which ended with its third reading in the House of Lords yesterday.
The offence will be contained within the Voyeurism (Offences) Act which will come into force in England and Wales as soon as it receives Royal Assent. It will prohibit the operation of equipment or the taking of an image beneath the clothing of another person, without that persons consent, with the intention of observing that persons genitals or buttocks or underwear, either to obtain sexual gratification or to humiliate, alarm or distress that person.
Provision is also made for a person, convicted of such an offence for the purpose of sexual gratification, to be placed on the sex offenders register.
The introduction of this law is very much the product of the campaign initiated by a victim of this type of reprehensible behaviour – Gina Martin.
There has been an equivalent offence in Scotland since 2010.
If you require more information about this or any criminal offences, you can contact Hugh Rowland on 01473 298141 or send an email to [email protected].
16/1/19