Downblousing to become a criminal offence

 

Perpetrators are only prosecuted if it can be proven that the videos or images that have been taken, or shared, were intended to cause the victim alarm, distress, humiliation or to obtain sexual gratification.

 

The move proposed by The Law Commission would extend the law to cover sharing / taking images without consent, whether it was for a joke, financial gain, or for no reason. 

 

Under the current laws, only victims of so called 'up skirting' and voyeurism are eligible for anonymity. However with the new 'shake-up' all victims of intimate image offences will be automatically eligible for anonymity. 

 

In England and Wales, 1 in 14 adults have experienced a threat of having their intimate images shared, with at least 28,201 reports recorded between April 2015 and December 2021 by police.

 

Within the proposal, there will also be offences where 'more serious' conduct will carry sentences of up to three years in jail. A ministry of justice independent advisor, Emily Hunt, said: "The anonymity proposals are a vital step for securing greater protection for victims of intimate image abuse and would encourage more people to come forward to report offences." 

 

Further to the proposals, more protection is being introduced for victims for giving evidence in a trial. For example, being able to give evidence through pre-recorded evidence, video link or behind a screen.

 

It is also going to be an offence to use hidden camera(s) to take images of a person without their consent.

 

A law commissioner, Professor Penny Lewis said: "Sharing intimate images of a person without their consent can be incredibly distressing and harmful for victims, with the experience often scarring them for life. Current laws on taking or sharing sexual or nude images of someone without their consent are inconsistent, based on a narrow set of motivations and do not go far enough to cover disturbing and abusive new behaviours born in the smartphone era."