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

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The Voyeurism Bill outlaws ‘upskirting’ where the purpose is to obtain sexual gratification, or to cause humiliation, distress or alarm. This includes instances where culprits say images were just taken ‘for a laugh’ or when paparazzi are caught taking intrusive images. 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. But this is just the beginning. Please raise your voice and report if you are a victim or if you see someone become one - every report builds a picture so we can stop upskirting. I’ve known about them since 2017. I’ve followed their work because the way that they do the work is the way we solve the problem or start to solve it. They engage men and boys on gender, equality and feminism,” she said. In 2021, the high-profile murder cases of Sarah Everard and Sabina Nessa prompted a national call to protect women.

The British Transport Police has reported a 178% rise in the number of ‘upskirting’ incidents from 2013-2017. 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. 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.

What does the law mean?

Those who commit such a degrading act will face prison, and victims’ complaints will be dealt with seriously. That’s why I host sessions on misogyny and the impact of it; why I’m training in facilitation so I can run workshops with young people on masculinities and gender; and why I speak in schools across the UK as well as raise funds for grassroots organisations. There may not be a big, sparkly win, but there will be consistent impact in the form of smaller wins. There may not be headlines about the boys who attended masculinity workshops and grew up respecting people of all genders more, or about the girls who felt seen and used their voices because of activists who created spaces for them, but I’d much rather move forward as that woman than “the upskirting girl”. Even though it’s much less catchy. 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.

Beyond Equality is an organisation that educates men to preventing gender-based violence, conducting workshops in schools and universities. In my work as a gender equality activist, the question I most get asked is, "how do you respond to...?", followed by one of those phrases that leave us feeling frustrated or tongue-tied. In this book, you'll find an empowering roadmap for changing the conversation on social justice issues.' Currently, ‘upskirting’ does not go unpunished in England and Wales, and there have been successful prosecutions under the Outraging Public Decency (OPD) offence. Currently the behaviour is successfully prosecuted under the offence of Outraging Public Decency. However, following concerns raised by victims that not all instances of ‘upskirting’ were covered by current law, the government acted to create a new, specific offence. To date, the behaviour has been successfully prosecuted under the offence of Outraging Public Decency.

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In 2017, I believed the best way to prevent upskirting was by criminalising it; it was the biggest I could think and would lead to the most impactful change. The institutional script teaches us that prosecuting people for the harm they cause will solve the problem. I was also driven by the experience of being a victim of stalking who had spent years feeling terrified by a man that the state didn’t deal with, so to me, changing the law was about making victims and survivors feel safer by giving them something to use. I didn’t ask if the men who commit this act – because it is overwhelmingly men – would be changed by the process. I didn’t think of them much at all. As of today (12 April 2019) ‘upskirting’ offenders can be arrested and sent to prison as a new law banning the invasive practice comes into force across England and Wales.

However, existing criminal law does not necessarily cover every instance of ‘upskirting.’ Creating a specific ‘upskirting’ offence would strengthen the law in this area, as it doesn’t have the same limitations as existing offences. The Voyeurism Act allows this intrusive behaviour to be treated as a sexual offence and, ensure that the most serious offenders are made subject to notification requirements (commonly referred to as the ‘sex offenders register’). The latest statistics from ONS have shown 177 women were murdered in England and Wales between April 2020 to March 2021. It would capture instances where the purpose is to obtain sexual gratification or cause humiliation, distress or alarm. In June 2021, the Department of Education announced that school and college leaders will be provided with training and support to deal with sexual harassment. We started a good conversation through the campaign,” Martin said. “Now when I go on Google, I point out upskirting; it’s all about what is upskirting? Why is it happening? It’s all about misogyny and sexism. No longer is it about porn, which I’m proud of.”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. A summary conviction will carry a sentence of up to 1 year in prison and/or a fine. And a more serious offence, tried in the Crown Court, would carry a sentence of up to 2 years in prison. Our specially selected guests include CEO’s, founders, charity leaders, business leaders, activists, campaigners and more. From Beirut to Canada, we have sought out engaging speakers and fascinating stories with a universal relevance for those of us with a thirst for doing things differently. More + Project A report from UN Women UK has shown that 71 per cent of women of all ages have experienced some form of sexual harassment in a public space. However, following concerns raised by victims that not all instances of ‘upskirting’ were covered by current law, the government acted to create a new, specific offence.

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