Northern Ireland 'up-skirting' and 'cyber-flashing' law comes into effect

Perpetrators could face up to two years in prison and up to 10 years on the Sex Offenders Register.

The changes to the law on sexual offending mark the final stage of the implementation of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022.

Permanent Secretary at the Department of Justice, Richard Pengelly, said the combination of new laws addresses a range of behaviours which have “become increasingly prevalent within society” as well as strengthening some existing law identified as needing additional protection.

The commencement of these new provisions completes the final stage of a comprehensive implementation programme established to bring the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 into operation.

What are the changes to the law?

• Four new offences to capture the specific and highly intrusive behaviours of, what is commonly known as, “up-skirting” and “down-blousing”. They relate to the observing or recording of a person’s genitals, buttocks, breasts or underwear without a person’s consent.
• The new offence of “sending an unwanted sexual image” to capture the behaviour of those who intentionally send an image of their genitals or sexual activity to another person without that person’s consent. This is commonly known as “cyber-flashing”.
• Four new offences designed to tackle the particular behaviour of an adult pretending to be a child and making a communication with a child under 16 with a view to sexual grooming. These act as a precursor to more serious grooming behaviours and build on existing child grooming protections.
• Extending the scope of the established abuse of position of trust offences to capture those adults in a position of trust who knowingly coach, teach, train, supervise or instruct a child on a regular basis in the area of sport or religion.
• Amending the existing offence of disclosing a private sexual photograph and film with intent to cause distress to bring the behaviour of threatening to disclose a private sexual photograph and film with intent to cause distress within its scope.

Mr Pengelly added: “Today is a major milestone, bringing the final provisions of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 into operation - delivered in conjunction with our criminal justice partners and with the assistance of key voluntary sector partners.

“The creation of new offences and the bolstering of existing offences makes it clear that these behaviours are totally unacceptable, and it sends an important message that they will not be tolerated in our society. Those who would carry out these behaviours should be aware that there are serious consequences to their actions, with a maximum penalty of two years’ imprisonment applying to the offences, as well as the potential to be placed on the sex offender register.

“Victims can be reassured that they do not have to accept treatment of this kind and I hope they will be encouraged to report any instances to the police and seek out relevant support.”

PSNI Detective Superintendent Lindsay Fisher welcomed the legislative advances.

“These crimes are a huge invasion of someone’s privacy and leave victims feeling degraded and distressed. The impact is long-lasting in a lot of cases. By making upskirting, downblousing, cyber-flashing and threats to disclose someone’s private images a crime, we are sending a clear messages as a society that these behaviours are not going to be tolerated and that perpetrators will be properly punished.”

Sarah Mason, CEO, Women’s Aid Federation said: “Women’s Aid welcome the introduction of the new provisions within the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022.

"These offences disproportionately affect women and girls and it is important that there is public awareness and that they are dealt with appropriately with a zero tolerance approach. We must focus on the behaviour and attitudes of perpetrators of violence in order to dismantle them if we are going to have a society where health respectful behaviours are the norm. We will continue to work with our criminal justice partners and hope that this new development within this piece of legislation will ultimately make Northern Ireland a safer place for everyone.”

Detective Superintendent Fisher added: “I want to make it clear that anyone, any gender, any age, can be a victim of these crimes. However, we know from experience that the vast majority of those affected are sadly women and girls, who up until now have not felt able to come forward and report.

"Escalating violence against women and girls does not happen in a cultural vacuum, this legislation will go a long way to help address the prevailing sexist attitudes and behaviours in our society that underpin violence, abuse and intimidation against women and girls.”