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Upskirting: A new criminal offence but will the legislation do the job?

blog 08-18

Upskirting for anyone who has not come across the term is the act of taking unauthorised pictures under a skirt or kilt to capture images of the crotch area and sometimes genitalia. It tends to happen in crowded public places making it difficult to spot when it is happening. The resulting images are often distributed on the internet, usually interlinked with pornographic or fetish sites and present a multitude of moral and legal issues surrounding privacy, decency and consent. In some instances, the victim is identifiable from the image but in many they are not and are often unaware that such images even exist. This type of behaviour is not new but the development of technology, most notably camera phones has facilitated the practice as has the ability to share these images online. In England and Wales there is currently no specific legislation banning such action because voyeurism only covers private spaces and outraging public decency requires a witness. As such, when victims of upskirting come forward there is currently little scope for prosecution although some successful prosecutions have occurred under the offence of outraging public decency.

Gina Martin, a freelance writer and victim of upskirting launched a campaign to get upskirting recognised as a specific crime and punishable under the Sexual Offences Act. This campaign has gained considerable momentum both publicly and politically and in March 2018 the Voyeurism (Offence) Bill was presented to the House of Commons. The bill was blocked by the objections of one MP on the grounds that there had been a ‘lack of debate’ and thus a breach of parliamentary procedure. The backlash to this objection was interesting, rather than acknowledging that this is a serious issue worthy of parliamentary debate a humiliating and somewhat bullying approach was taken in the form of ‘pants bunting’ being hung outside of his Commons office. While I might not agree with some of the past actions of this MP his argument that new laws need to be debated if we (the UK) are to stand up for freedom and democracy is an important one. Upskirting is a serious breach of privacy and decency and therefore needs proper debate if the resulting legislation is going to be more than a knee-jerk reaction to public outrage. Such legislation often results in the need for multiple revisions in order for it to efficiency and effectively tackle such behaviour. For example, the proposed burden of proof in the original bill alongside the limited scope of the bill[1] would likely have limited prosecutions rather than facilitating them. Unfortunately, with just three months between the original bill and the revised Voyeurism (Offences) (No.2)) Bill, which was successfully introduced to the House of Commons in June 2018, the extent to which sufficient informed debate has occurred remains questionable.

[1] See the comments by Clare McGlynn (professor at Durham University) in Sabbagh and Ankel (2018) Call for upskirting bill to include ‘deepfake’ pornography ban. The Guardian [online] Available at: https://www.theguardian.com/world/2018/jun/21/call-for-upskirting-bill-to-include-deepfake-pornography-ban. [Accessed: 17 August 2018].

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The black hole of danger aka online dating

Black hole

Like so many other singles in the world I decided to join the realms of online dating. Little did I know what I would encounter and the subsequent conversations that would unfold in the office. So, this week’s blog is a reflection on some of those criminogenic discussions that have both amused and appalled us over the last couple of week. I have to start by saying that, on the whole, there are a lot of nice genuine people out there just looking for ‘the one’. That said, this perspective was put into question on Tuesday when I received my first ‘dick pic’. Not being someone who takes this sort of thing too seriously I giggled and deleted the person, however it raised a number of questions about behaviour and our responses to it. For example, on a personal level why was I not offended? Has this type of behaviour become the norm? Is it something that women now expect or at least accept? It’s a big step up from a wolf whistle in the street or the honking horn and leery comment shouted from the window of a passing car.

In essence this is a sex crime, whether you class it as distribution of pornographic material or indecent exposure it is a crime and therefore raises the question of whether I have a moral and or legal obligation to protect other women by reporting it. Yet here in lies the problem, firstly the most the site can or will do is to delete the user who will ultimately just create another profile, secondly in the grand scheme of things the police have neither the resources nor inclination to investigate. Whilst these are pertinent considerations, the fact that I didn’t report it but instead deleted him (and his picture I might add) has, upon reflection, little to do with the potential response and more to do with the perception of risk. The lack of physical proximity provides a sense of security, albeit tenuous, that you wouldn’t have if this happened to you in the street.

In the online world I have a relatively safe profile and I can delete or block those who cause me offence. Whilst it is true that nothing we do online is truly anonymous, there is a sense of detachment created by the lack of proximity and direct risk which can turn deviant behaviour into something abstract. Is that why someone who is otherwise a law-abiding citizen or at least not a sexual predator feels that it is appropriate to send a relative stranger such images? I do wonder whether they actually make the link between physical actions and virtual ones. I suspect that if confronted most of them would not see their behaviour as criminal or even comparable to someone who exposes himself in public.

The more concerning aspect of this is the potential emotional and psychological damage that could be done. While I spent my youth working in clubs and pubs, exposed to a range of male behaviours and thus gained the experience to navigate this terrain, can the same be said for today’s younger population for whom the internet and online dating may be the norm. This led me to consider my daughters and how to prepare them for this online version of the world that I experienced in the physical. How do I explain why guys would send such pictures to an unknown woman when I can’t even begin to fathom that out myself? How do I prepare them for the emotional roller coaster of online dating where a text message lacks the physical prompts needed to decipher it and can easily lead to confusion, misinterpretation, sexual exploitation and psychological harm. Where parenting is concerned the internet and online dating presents a black hole of danger and one which I’ll have to navigate with care if I want to protect my daughters from the ‘dick pic’ senders of the world.

Safe data: your inside leg measurement is?

Data

Data is now an intrinsic part of our lives.  It always has been, but those of you that are old enough to remember the pre-computer days (PCD) that’s not the Neolithic period, only a matter of 40 odd years ago, data didn’t seem that relevant.

In the PCD, if a shop assistant asked you for your details, i.e. name, address and telephone number, it was for a guarantee or a mail shot or at worst, to miss sell PPI. Now you are asked as a matter of course for your name, address, phone number and email address (not available PCD).  Refuse and you are looked upon with incredulity or even disdain and woe betide if you dare to ask why the information is needed? But, provide the information and this is what happens…

I needed new tyres for the car and on Saturday, whilst on my way into town, I popped into a well-known supplier.  I negotiated a reasonable deal, actually that was always going to be the price but it makes me feel better to say that, and I paid for the tyres. I was asked for and provided the usual details i.e. name, postcode, house number etc.  Job done, didn’t think about it any further.

Monday morning, phone call on the mobile, private number; I duly answer.  Is that Mr (full name), yes, I reply, thinking I wonder who this is, sounds official. I’m Sandra from UK Investments, can I confirm your address as (address given) … Sorry who are you, I ask and Sandra reiterates the company name. How did you get my phone number, asked in a somewhat annoyed tone…? You must have ticked a box… I don’t recall ticking any box and I’m not interested in any investment… please explain how you got my number … and the phone goes dead.

Coincidental that I gave away the information on Saturday and now it’s being used on Monday? Maybe, maybe not, but I suspect my details have been sold on.

Sometime ago I had an accident in my car and had a phone call from the other parties’ insurance company to get my details and sort out my claim.  Two days later, a phone call on my mobile from someone asking about the accident and whether I had been injured at all… where there’s blame there’s a claim… and lots of money for the lawyers. I gave them short shrift but a couple of weeks later another call on my house landline… same thing and another short conversation involving how did you get my number and a phone going dead.

Two months later, my partner, same address, different surname, received a call on her work mobile… has someone at this address been involved in an accident… and a few weeks after that the same call on her personal mobile?  How on earth do they tie all of these together?

So, when my doctor’s surgery asks me whether I consent to allow my details to be input onto a national database, because this will benefit me when being treated anywhere in the country, I am somewhat reluctant and sceptical.

Whilst I think back to the recent hacking of NHS computers, hacking is probably the least of my worries.  Back in the PCD my personal data felt relatively private and respected, in contemporary society privacy seems to be an antiquated notion that is wilfully ignored in the pursuit of financial gain. Privacy and your data, think again and oh, my inside leg measurement is…

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