"No Offence, But...": How to have difficult conversations for meaningful change

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We have always been clear – there are no excuses for this behaviour and offenders should feel the full force of the law. From today, they will. Despite her campaign’s success in igniting debates about misogyny and sexism, the fight for women’s rights is far from over. It creates two new offences under the Sexual Offences Act 2003 to capture this behaviour. The changes will cover England and Wales; ‘upskirting’ is already a specific offence in Scotland.

To date, the behaviour has been successfully prosecuted under the offence of Outraging Public Decency.You see, what I need in a society where the threat of danger is ongoing is not the same as the society I want. I can’t opt out of this reality, but I can see where we could be and I want to be part of helping us get there. I don’t want more prisons and punishment. I want more prevention. A small number of men convicted of upskirting have been sentenced to prison under my law (and a significant number of them were also convicted of other sexual offences; one was found to have 250,000 indecent images of children). While I am thankful that children will be safer because of his conviction, my work now also asks, “How do we prevent this before we need to criminalise it?” The move follows tireless efforts by campaigners, victims, charities, ministers and MPs to close a small gap in the law. The issue was first brought to the public’s attention by the unwavering campaign of Gina Martin, after two men took a picture up her skirt at a festival. Gina Martin and other victims, charities and MPs supporting her should be immensely proud. Her efforts show how one campaigner can work with government to change the law for everyone.

It creates 2 new offences under the Sexual Offences Act 2003. The changes will cover England and Wales; ‘upskirting’ is already a specific offence in Scotland. Notes to editors

Why was there no law on upskirting in England and Wales before?

Today marks the culmination of tireless campaigning from Gina Martin and other victims, MPs and charities who worked closely with Ministers to create the new law and protect more victims. The criminal offence of ‘upskirting’ was created under the Voyeurism Act when it received Royal Assent in February. Police and prosecutors have now updated their guidance to ensure the law is properly enforced – with offenders facing up to 2 years in jail and being placed on the sex offenders register. Those who commit such a degrading act will face prison, and victims’ complaints will be dealt with seriously.