Downblousing could soon be criminalized following calls to make the practice illegal as part of an overhaul of laws aimed at cracking down on the sharing of intimate images.
The Law Commission wants the downblouse, the act of taking pictures of a woman’s top without her consent, to be made illegal in England and Wales, in a bid to introduce abuse laws intimate image in the age of smartphones.
It proposes the creation of a basic offence, with a maximum of six months imprisonment, covering all acts of intentionally taking or sharing a sexual, nude or intimate photo or video without consent.
This would apply regardless of the motivation of the perpetrator, as the act is “sufficiently wrongful and harmful to warrant criminalization”.
The change would address concerns from helpline The Revenge Porn who previously told PA News that existing laws leave “thousands of people unsupported and unvalidated” as they must prove that material has been shared “with the ‘intent to cause distress’.
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Installing equipment, such as a hidden camera in Airbnb properties or restrooms, to photograph or film someone without their consent would also be criminalized, with the new offenses applying to victims and perpetrators of all ages. . This would cover nude, partially nude, sexual act or toilet images.
These include images taken on a woman’s top, known as downblousing, pornographic deepfakes, and images where someone’s clothes have been digitally removed, making them appear naked, in addition existing criminal offenses such as upskirting and voyeurism.
A British Transport Police spokesman told Yahoo UK that he would welcome the potential change to the law.
“British Transport Police take all reports of sexual harassment very seriously, and we welcome any further help in bringing more offenders to justice,” Chief Inspector Nia Mellor said.
“We know that all forms of sexual harassment are under-reported to police and we are working hard to encourage more victims to come forward and tell us about what happened to them, knowing they will be taken seriously. You can do this by discreetly texting us on 61016 or downloading the Railway Guardian app.
Professor Penney Lewis, Commissioner for Laws, said: ‘Sharing intimate images of someone without their consent can be incredibly distressing and harmful to 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 don’t go far enough to cover the new disturbing and abusive behaviors born out of it. era of smartphones.”
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What is the downblouse?
Downblouse is the taking of a picture or image on someone’s shirt, blouse or top without their consent.
Although not as widely discussed as upskirting, calls to make the practice illegal show it is on the verge of being taken seriously as a crime, reflecting the upheaval the act can cause. to the victims.
Emily Hunt, an activist for victims of sexual offenses and an independent adviser to the Department of Justice, said the proposed downblouse reforms were a key step in ensuring better protection for victims.
“Taking or sharing sexual or nude images of someone without their consent can disrupt lives and inflict lasting damage,” she said.
“A change in the law is long overdue and it is only fair that under these proposals, all perpetrators of these acts would be liable to prosecution.”
Look: Upskirting to become a crime in England and Wales
What is the upskirt?
In its simplest form, upskirting is the invasive practice of taking an image or video of someone’s clothing in order to see their genitals or underwear.
Essentially, “upskirts” or “creep shots” are photographs of women in public spaces taken by men and sometimes uploaded online without the former knowing or giving their consent.
While the vast majority of known cases involve men targeting women, men have also been victimized.
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What is the law on upskirting?
Upskirting became a specific criminal offense in England and Wales in 2019 following a high profile campaign.
The Voyeurism (Offences) Act 2019 officially came into force on 12 April 2019, adding two new offenses to the Sexual Offenses Act 2003 to cover the practice of upskirting.
It was already a criminal offense in Scotland.
The breakthrough came after writer Gina Martin launched a campaign to legislate against the act, after discovering it was not technically considered a sex crime.
Martin, was herself the victim of upskirting at a music festival in 2017, only realizing what had happened when she saw him sharing the picture of his crotch with his friends.
But after alerting the authorities, she was stunned to discover that at the time, taking a picture up a woman’s skirt wasn’t technically a sex offense.
After a Facebook post detailing her experience went viral, she launched an online post petition to get his police case reopened and called for upskirting to be part of the Sexual Offenses Act 2003.
Within days, his petition received 50,000 signatures.
In January 2020, it was reported that there had been an allegation of upskirting made to the police almost daily since the entry into force of the law.
What can victims of upskirting or downblousing do?
If you are a victim of upskirting or downblousing, the police and other organizations are there to help.
The British Transport Police put together some tips if you
Get out of the situation quickly if you can.
If you are in public, walk away.
Do not engage directly with the offender.
If it’s really safe, consider taking a photo of the attacker from a safe distance.
Let us know, if you think you can.
“It takes courage to report something uncomfortable, but if you feel like you can talk to us, we’ll always take you seriously,” the site advises.
“Your reporting can help us prevent this from happening to someone else. Sometimes people who commit these types of offenses commit more serious offences.”
If you think the situation could get heated or violent or if you feel in immediate danger or need help immediately, British Transport Police recommend calling 999.
If it’s not an emergency, you can report upskirting or other voyeurism: on lineby sending an SMS to 61016, by calling 0800 40 50 40.
Additional Report AP.
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