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Upskirting; FAQs answered ABV Solicitors Smartphones have changed the way people live. In the last couple of years due to more people working from home, they have become an integral part of how people communicate about work and with family and friends. But with the rise in the use of smartphones has come the rise in the use of the cameras that accompany them, leading to more people taking photos in public and not always with the consent of others. And so, a rise in upskirting has occurred and almost every sexual offence solicitor in the UK has been asked for advice relating to this activity. In this short guide, upskirting is explored by a sexual offence solicitor, to help you make sense of this allegation if you are accused of it. So, read on to learn more. What is upskirting in the UK? According to any sexual offence solicitor, upskirting is a highly intrusive practice that is growing by the day in the UK and globally. It typically involves one person using a camera, usually on a smartphone, to take a photograph underneath someone's clothing without their consent. It is usually done on public transport which is busy, as this allows for greater levels of physical contact without concern or question. It is done to gain a photo of someone’s genitals, buttocks or underwear with the idea revolving around sexual gratification for the person taking the photo. It is, according to any sexual offence solicitor, a form of voyeurism and those targetted can be in any age range and any gender. What is the punishment for upskirting in the UK? At present in the UK, anyone found guilty of upskirting in the UK can face 2 years in jail and will be placed on the sexual offender's register, irrespective of the age of the person in the photos. So, it is not to be taken lightly if you are accused of it. I’ve been accused of upskirting, but didn’t do it; what should I do? The first thing you should do if you are accused of upskirting is to seek the advice of a sexual offence solicitor. Although this is a relatively new law and offence in the UK, a sexual offence solicitor who is up to speed with ongoing training will be able to represent you for this crime. Is the law going to change? It is uncertain at this time if the law surrounding upskirting is going to change; as mentioned before, the law and sentencing surrounding this offence came into effect quite recently (12 April 2019) and so, any changes may take time to implement. How can a solicitor help me if I’m accused? A sexual offence solicitor can aid you by helping you to build your defence and so, as soon as you are aware that you are going to be accused of upskirting or have been accused of it, you should seek their advice. Be completely honest with them and they will be able to liaise with the police to have any charges dropped and will try to keep the case out of court via negotiation. What crimes can they help me with? A sexual offence solicitor is highly experienced in all matters relating to sexual offence law. This will include cases such as rape, sexual assault, sexual exploitation, sexual grooming, child abuse, indecent images, and historical sexual allegations. A sexual offence solicitor will deal with your case in a sensitive manner, ensuring that your confidence is respected and your case is handled discreetly. What will a solicitor do? A sexual offence solicitor will support you during questioning at the police station, but if charges are brought against you, they will then work upon building up the best possible defence case they can to ensure that your defence is robust. They will spend time gathering evidence from things such as CCTV footage and speaking to expert witnesses, such as those in forensics. When your case is first taken to a magistrates’ court and your plea is entered, they will represent you here. When your case then goes to the Crown Court, they will support your barrister in preparing any further information or documentation that they need. Your sexual offence solicitor will be with you every step of the way to advise you about what is happening and to explain what may happen next. It can be an extremely daunting process, especially if you don’t know what is going to happen, so having a legal professional with you from the beginning to the end can be very reassuring. How do I find a solicitor? You may be recommended a good sexual offence solicitor, but otherwise you can search for firms that maybe offer service throughout the UK or 24/7 support for questioning in the police station. You could also search on sites such as Legal 500 for the recommended firms and many advertise on their websites if they have been endorsed by them and other groups such as Chambers and Partners. Once you have found your solicitor, you can start to look forward to getting the outcome that is fair and just for you and your specific case. Let them take the legal pressure off your shoulders and do the level-headed thinking for you now. Sources: https://www.abvsolicitors.co.uk/services/sexual-offences/ https://www.gov.uk/government/news/upskirting-know-your-rights https://www.cps.gov.uk/crime-info/sexual-offences