ABV SOLICITORS How a sexual offence solicitor can help with upskirting offences In the media lately, there has been a lot of talk about upskirting. This is a highly intrusive practice, as it usually involves taking a photo under another person’s clothing without them knowing with the intention of viewing their genitals or buttocks (with or without underwear). Both prosecution and defence are handled by a sexual offence solicitor. What counts as upskirting? To fall foul of the new law, an image must firstly be captured beneath someone’s clothing without their knowledge. Secondly, it must be done for the purpose of either sexual gratification, humiliation or distress. The second part is key as it differentiates between upskirting – which will now be a criminal offence – and other forms of photography, such as taking a picture of someone in a public place. What is the maximum sentence? If you are found guilty of upskirting, the maximum sentence is 2 years in prison. So if you are accused, contact a sexual offence solicitor. This is the same as the maximum sentence for voyeurism, which covers activities like secretly filming someone undressing or using hidden cameras to film people in private places like toilets and changing rooms. The new law will see offenders placed on the sex offenders register, which can be devastating, so you need to seek the advice of a sexual offence solicitor. Where does upskirting take place? Upskirting can take place anywhere; however, there has been a recent rise in reports to the British Transport Police (BTP) of upskirting taking place on public transport. This is likely due to the fact that offenders can more easily target victims in crowded places and then quickly leave the scene. If you are a victim of upskirting on public transport, please report it to the BTP. If you have been accused of upskirting, seek the advice of a sexual offence solicitor as soon as possible. Who are the victims and offenders? Victims of upskirting can be of any gender, but the majority are women. Anybody can be an offender, but again, the majority are male. Upskirting is often seen as a ‘prank’ or a bit of harmless fun; however, it is a very intrusive and violating act. How can I report upskirting? If you witness upskirting happening or you are a victim, please report it to the police. You can do this by calling 101, the non-emergency number for the police in England, Wales and Scotland. Alternatively, you can call 999 if you feel like you or someone else is in immediate danger. If the incident took place on public transport, please also report it to the British Transport Police (BTP). What to do if you've been falsely accused? If you've been falsely accused of upskirting, there are a few things you can do. First, it's important to remain calm and collected. Next, you'll want to gather as much evidence as possible to support your innocence. This may include any photos or videos you have of the incident in question, witness statements, and anything else that can help prove your innocence. Once you have this evidence, you should contact a sexual offence solicitor to discuss your next steps. Finally, make sure to stay compliant with all laws and regulations during this process. Follow the advice of your sexual offence solicitor. Upskirting is a serious offence, and even if you're innocent, it's important not to give the authorities any reason to doubt your character. What to do if you've been a victim Upskirting is a serious invasion of privacy, and if you've been a victim, it's important to seek help as soon as possible. There are a number of organisations that can offer support, including the police, victim support, and the UK government's website. If you're not sure where to turn, start by contacting one of these organisations for guidance. Link 1- https://www.abvsolicitors.co.uk/services/sexual- offence-solicitor/ Link 2- https://www.gov.uk/government/news/upskirting- know-your-rights Link 3- https://www.huffingtonpost.co.uk/entry/upskirting- victims_uk_5cafbe88e4b0ffefe3adcdd6