New legislation which makes upskirting illegal should mark the beginning of more "comprehensive" sexual abuse laws, a Kent professor has said.

Victims of the intrusive offence - where people take pictures up someone's skirt, usually on their phones - will soon be able to prosecute their perpetrators, after the Voyeurism (Offences) No. 2 Bill was passed in Parliament this week.

The practice involves taking photographs under another person's clothing, often convertly, with the intention of viewing their private parts.

It comes six months after a Freedom of Information Request (FOI) by KentOnline revealed only one report of identified upskirting had been made to police in the county in the three years to April 2018.

The bill had a successful third reading in the Lords on Tuesday as a chance for members to ‘tidy up’ the bill to make sure there were no legal loopholes.

No changes were suggested to the bill ahead of the reading and both Houses have now agreed on its text.

It awaits Royal Assent when it will become law, after which time it will be punishable by up to two years in prison.

But University of Kent law professor Erika Rackley believes that while the new law is a welcome addition in the fight against image-based sexual abuse such as ‘revenge porn’ and ‘sextortion’, it should mark the beginning of more comprehensive and considered legislation.

She said: “All of these cause serious harms to victims. Unfortunately, the law criminalising image-based sexual abuse is inconsistent and inadequate.

“There is still much more to be done to ensure all victims of image-based sexual abuse have access to justice.

“What is needed is a coherent and comprehensive law criminalising all forms of image-based sexual abuse.

“A law which tackles all forms of non-consensual taking, creation and distribution of private, sexual images, and which provides automatic anonymity for all victim-survivors.

“We need to ensure that those supporting victim-survivors of image-based sexual abuse - such as the Revenge Porn Helpline and VOIC - are adequately resourced and supported.”

Deborah Cartwright, chief executive of Oasis Domestic Abuse Service based in Margate, said previously that the small number of reports in the county could be a cultural trait of women accepting the situation.

She believes a lack of respect is a key factor in many cases.

She said: “It is a shame that upskirting even has to be criminalised in our society.

“We look forward to a time when a woman is just respected and does not have to feel that she cannot have the right to self-expression through what they wear without being seen as an object and de-personalised in such offensive ways.

“Some may say this is just a bit of fun but we think it is telling of an attitude towards women that belies greater harms.”

Why did it take 18 months to become illegal?

Upskirting became a national talking point in summer 2017 when festival-goer Gina Martin launched a campaign to make it illegal.

The 26-year-old caught two men taking a photograph up her skirt at an event in Hyde Park, London. She took the perpetrator's phone to show security guards, who called police. But she was told her case was closed after the offender was ordered to delete the photographs, discovering there was no specific law criminalising the act in England and Wales.

A year later, such a bill was put forward in the House of Commons as a private members' bill.

The Voyeurism (Offences) bill on upskirting came from MP Wera Hobhouse (Lib Dem) but it was blocked after MP Christopher Chope (Con) objected on the grounds that there was no debate.

Ministers intervened and adopted measures for upskirting as a Government Bill, with some MPs joining a committee on the matter, including Canterbury's Rosie Duffield (Lab) and Faversham's Helen Whately (Con). Craig Mackinlay, MP for South Thanet, voiced surprise at the low reporting figure in Kent. He said: "There may need to be greater willingness by social media providers to reveal the true identities of what can be anonymous accounts and procedures put in place so that nobody can engage with social media without transparency as to identity."

In a Twitter statement this week, Gina Martin said: "I always thought politics was impenetrable but with the right help and the will power, you can do it."

Offenders in Kent

Several upskirting incidents have come to light in courts across Kent in recent months.

In September, a man from Folkestone was given a community order after he was caught taking photographs up the skirt of a woman on a train.

Martin Bell was sentenced at Highbury Corner Magistrates’ Court following the incident in January 2018. He pleaded guilty to outraging public decency and received a 12 month community order and a five-year sexual harm prevention order.

A court heard how the 47-year-old of Ormonde Road was spotted taking photographs underneath a passenger’s skirt on his phone while travelling on a train from Ashford. When two men intervened, Bell said he was doing it ‘for a laugh’. One of the men grabbed the phone and passed it to Bell’s victim.

In November, a former trainee teacher from Folkestone was jailed for more than four years after covertly filming upskirt videos of schoolchildren.

Roshan Rai, 27, was convicted of a string of sexual offences, including inciting a child to send him indecent images. In August, Rai, of Firs Lane pleaded guilty to causing or inciting a child under 13 to engage in sexual activity, causing a child to watch a sexual act, outraging public decency and voyeurism. He also admitted making indecent images of children.

It came after concerns of suspicious activity involving children online in February 2017 and it surfaced that Rai had been the person asking for images, claiming to be a teenager from London.

A seized computer from his home was found to contain thousands of indecent images and videos, while a storage device contained ‘upskirt’ videos of unsuspecting school children. A number of videos appeared to have been covertly filmed in a communal swimming pool changing area.

The single case established from the FOI request by KentOnline to Kent Police was identified among 115 crime reports relating to voyerism between May 1, 2015 and April 30, 2018.

A man in his 50s from Tunbridge Wells was arrested in June 2016 following reports he had taken images up the skirts of young women and girls at shops in Tunbridge Wells. He admitted outraging public decency and was jailed for a year at Maidstone Crown Court in March 2017.

So what now?
Kent Police have said that officers will be educated on the new law.

Ch Supt Andrew Pritchard said: “Although rare, ‘upskirting’ is an invasive and vile act and Kent Police would encourage anyone who sees anyone acting suspiciously, or thinks they are a victim, to report it.

“Any reports will be taken seriously and fully investigated. Kent Police is aware of new legislation which is due to come into force and will ensure officers are fully aware of this change.

“Our advice if you are a victims and the suspect is still there, they should move away as quickly as possible making a mental note of what the suspect looks like so they can provide a description to police as soon as they feel safe to do so. People should avoid direct confrontations.”

For personal safety and sexual offences advice, visit the sexual offences page on the Kent Police website.