Changing the law to protect victims of upskirting

Professor Clare McGlynn of Durham Law School tells how her research has helped to shape a law on upskirting and why more comprehensive legislation is needed to protect victims from all image-based sexual abuse. Moves to legislate against upskirting - the act of secretly taking a photograph under a victim's skirt - hit the headlines when a planned law to criminalise the act stalled in Parliament. The law, which the UK Prime Minister, Theresa May, said would be passed soon, is the culmination of a long campaign involving Professor McGlynn and colleagues and campaign groups across the country. Here, Professor McGlynn explains more about her work. Q: How important is it to introduce a law against upskirting? Is current legislation ineffective? A: We all know that taking and sharing photos is now so easy with smartphones and commonaccess to Wi-Fi. While we all enjoy taking and sharing photos, such technology unfortunately also comes with downsides. It has made it easier to perpetrate many crimes and harms, including taking and sharing intimate images without consent. There are thousands of websites now dedicated to sharing images taken without consent, whether upskirting or so-called revenge porn. Legislation is needed to challenge these forms of abuse as they can have devastating impacts on victims. They often suffer abuse, harassment and fear for their physical safety. Some contemplate suicide. The current law in England and Wales does not clearly define upskirting. There is an ancient offence of 'outraging public decency', which can sometimes be used. But few have ever heard of that Law and it only covers some situations. Q: How has your research helped to inform the campaign to criminalise upskirting?
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