Photographing Underneath a Woman’s Skirt Could Soon Be an Offence in UK

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Upskirting is the practice of surreptitiously photographing underneath a female’s dress or skirt.

Upskirting often occurs by voyeurs who carry small video cameras or cell phones with photo capability in escalators in public places, outdoor parks, and shopping malls.

Because upskirting occurs in public places, there is a legal debate over whether the victim is entitled to a reasonable expectation of privacy.

Ministers in UK have said that “upskirting” could be made a criminal offence after more than 60,000 people signed a petition.

David Lidington, the Justice Secretary, said that he takes the issue “very seriously” and is taking legal advice on whether it can be added to the Sexual Offences Act 2003.

Gina Martin, 25, launched a petition after someone took a photograph up her skirt at a festival in Hyde Park earlier this year. She said that the Met Police told her they could not punish the man because he had “done nothing illegal”.

Ms Martin told the Standard:

“Although the police were incredibly kind, the reaction was as bad as what that creepy man did to me – young women are not protected by the law when they ask for help.

“I think women in general are told to brush off something like having a pervy photo taken of you because it’s not a massive deal, but it’s harassment and it’s happening all the time.

“Loads of women have messaged me since I launched the petition, telling me the same thing has happened to them, or they have had pictures taken down their shirts, and no one really knows what to do – and nor do the police.”

Mr Lidington’s intervention came in the Commons after Richard Burgon, the shadow justice minister, said that he had signed Ms Martin’s petition.

He said:

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“This summer I was proud to sign up to the campaign launched by Gina Martin to change the law so that the disgraceful practice known as upskirting was made a criminal offence.”

Mr Lidington responded:

“I have taken very seriously the representations made not only by Gina Martin but from police and crime commissioners around the country.

“I have asked for detailed advice of this but I hope the hon gentleman will understand that before proceeding to a commitment to legislation I want to be absolutely certain this would be the right course to take.”

Currently, people who film up a person’s skirt can potentially be charged for committing voyeurism or outraging public decency, but securing a conviction can be more difficult.

The legislation on voyeurism applies to incidents in a private, rather than a public place meaning it would not cover photographs taken at a festival. The laws on outraging public decency requires an image to be lewd, obscene or disgusting, again making conviction difficult.