Taking photographs down a woman’s top without her consent, or ‘downblousing’, could become a criminal offence in England and Wales if the government responds to new recommendations aiming to bring laws about intimate image abuse up to speed with technology. 

Following a detailed review, The Law Commission of England and Wales has urged the government to make it easier to prosecute people who take or share sexual, nude or other intimate images of people without their consent in order to widen the scope of what counts as image-based sexual violence. 

At the moment, ‘upskirting’ – taking a sexually intrusive photograph up someone’s skirt without their permission – is illegal in the UK, as a result of a national campaign launched by Gina Martin after a man took a picture up her skirt at a music festival in 2017.

However, the latest recommendations from the Law Commission would extend voyeurism offences to cover the act of photographing a woman’s bra, cleavage or breasts.

It also wants the law to cover more modern forms of abuse that are currently not classed as offences. These include sharing altered intimate images of people without their permission, such as pornographic deepfakes, or installing equipment like hidden cameras to photograph or film someone against their will. 

The recommendations come after a so-called revenge porn law, which has been in place in England and Wales since 2015, was criticised for failing to adequately protect victims in a digital age. Experts have called on the government to go further in the upcoming Online Safety Bill, to address obvious failings of the 2015 legislation and future-proof the law with regards to new forms of violence against women and girls (VAWG).

In a statement, the commission recommended simplifying the law by creating a base offence (with a maximum of six months’ imprisonment) covering all acts of intentionally taking or sharing a sexual, nude or intimate photo or video without consent. It also recommended giving all victims of abuse lifetime anonymity. 

Professor Penney Lewis, the law commissioner for Criminal Law, said: “Sharing intimate images of a person without their consent can be incredibly distressing and harmful for victims, with the experience often scarring them for life.

“Current laws on taking or sharing sexual or nude images of someone without their consent are inconsistent, based on a narrow set of motivations and do not go far enough to cover disturbing and abusive new behaviours born in the smartphone era.

“Our new reforms for government will broaden the scope of the criminal law to ensure that no perpetrators of these deeply damaging acts can evade prosecution and that victims are given effective protection.”

Images: Getty