Upskirt

Last updated

An upskirt photograph Upskirt.jpg
An upskirt photograph

Upskirting or upskirt photography is the practice of taking photographs under a person's skirt or kilt, [1] capturing an image of the crotch area, underwear, and sometimes genitalia. An "upskirt" is a photograph, video, or illustration which incorporates such an image, although the term may also be used to refer to the area of the body inside a skirt, usually from below and while being worn.

Contents

The practice is regarded as a form of sexual fetishism or voyeurism, and is similar in nature to downblouse photography. The ethical and legal issue relating to upskirt photography is one of a reasonable expectation of privacy, even in a public place. In a few countries, nonconsensual upskirting is a criminal offense.

Social attitudes

The sudden popularity in the 1960s of the miniskirt brought the concept out onto the streets, and was viewed by many as mass exhibitionism. One commentator in the 1960s said, "In European countries ... they ban mini-skirts in the streets and say they're an invitation to rape ..." [2] By contrast, many women viewed the new style as rebellion against previous clothing styles and as women's liberation of their own bodies. For the first time, many women felt comfortable exposing their thighs, whether on the beach in a swimsuit or in street wear, and were even relaxed when in some situations their underwear would be visible.

Some upskirt and downblouse images originate as innocent fun images which are made with the knowledge and lack of objection of the females affected. However, some of these images can end up being more widely distributed or being posted onto the Internet without the knowledge and consent of the subject, for example as revenge porn following a relationship breakup.

Some upskirt and downblouse photos and videos are made specifically to upload onto the Internet, where many viewers seek such images taken surreptitiously (and presumably without the subject's consent). Such photographs are common on fetish and pornographic websites, as well as on video sharing sites such as YouTube.

Attitudes hardened with the very widespread availability and use of digital photographic and video technology, most recently camera phones. [3] [4] [5] Such technology was also being used to record upskirt and downblouse images for uploading onto the internet. Specialist websites came into existence where people could share such images, and terms such as "upskirt", "downblouse" and "nipple dress" (i.e., when an erect nipple is evident through the material of a woman's dress) came into use. Of particular concern were images of minors and of people who could be identified. Celebrities were popular victims of such efforts. Issues of privacy and reputation began to be raised.

The creation and viewing of this type of image came increasingly to be described as forms of voyeurism and pornography. This was not that most of such images were sexual in nature, with most of them being quite innocent by themselves, but because of their association with the nature of the website on which they were posted and because of the size of the collections. [6]

Safety shorts

Professional tennis player Yaroslava Shvedova wearing safety shorts at a New York tennis match 2014 US Open (Tennis) - Tournament - Yaroslava Shvedova (15107812302).jpg
Professional tennis player Yaroslava Shvedova wearing safety shorts at a New York tennis match

One of the few things that skirt-wearers do to avoid upskirts, particularly those who are prominently in public such as female athletes and celebrities as well as schoolgirls, is the wearing of "safety shorts" or simply shorts under their skirts to protect themselves from upskirting. [7]

Many countries do not have laws which protect a person's right to personal privacy, especially in a public place, but the legal position does vary considerably.

Australia

All jurisdictions within Australia have passed laws making it illegal to take upskirt photos in public places without the person's consent. [8]

Finland

In 2010, an elderly man had his camera confiscated and was fined 12 day-fines for the act of public obscenity (which was thought to be the closest match in the criminal code), having taken dozens of upskirt photos in a shopping centre in Turku. [9]

France

Detail from Fragonard's The Swing (1767) Fragonard, The Swing-detail voyeur.jpg
Detail from Fragonard's The Swing (1767)

The act of looking up a woman's skirt was depicted in Jean-Honoré Fragonard's 1767 painting The Swing. According to Kimberly Chrisman-Campbell, this painting demonstrates the childhood pleasures of swinging but also the adult pleasure of upskirting.[ citation needed ]

The can-can dance, originated in France, involves women kicking their legs high to reveal an upskirt.

In August of 2018, France passed its first law specifically criminalizing upskirt voyuerism, defined as "using any means in order to perceive the private parts of a person which that person... when committed without the knowledge or consent of the person". The law makes such offenses punishable by one year in prison and a fine of 15,000 euros. [10]

Germany

In November 2019, the German Bundestag approved a bill to criminalize both upskirting and "criminalize photographing victims of accidents or pictures that" show a dead person in a grossly offensive way; German media has referred to the latter as rubbernecking. [11]

India

In India, under section 66E, of the Information Technology Act, "Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh (200,000) rupees, or with both". The words "private area" mean the naked or undergarment-clad genitals, pubic area, buttocks or female breast; "under circumstances violating privacy" means circumstances in which a person can have a reasonable expectation that any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.

Japan

In Japan, prefecture level Trouble Prevention Ordinances (迷惑防止条例) prohibit secret photography, along with stalking, chikan and other offenses. Although every prefecture in the country has adopted some variation of the ordinance, details vary greatly. [12]

In June 2023, as a part of the sex crime reform, Japanese parliament passed a new law that replaces the prefecture-dependent implementations of Trouble Prevention Ordinances. Under the new law, the act of secretly photographing or filming a person's sexual appearance, as well as providing such photos or videos to a third person, are subject to imprisonment of up to three years or a fine of up to 3 million Japanese yen. [13] [14]

2006 Campbell Cup Inoue Baldwin (271032553).jpg
Japanese-American figure skater Rena Inoue wearing a mini-skirt

New Zealand

In New Zealand, it is illegal to make a visual recording of a person's intimate parts in any setting in which the person has a "reasonable expectation of privacy". This includes public and private settings. It is also illegal to possess or distribute such images. [15]

South Korea

In South Korea, the Sexual Violence Punishment Act prohibits secret photography, the photographing of people without their permission. Such filming is subject to criminal penalties and results in those convicted being registered as sex offenders. This applies to activities such as upskirting and also to filming a clothed person from a long distance. If the person being photographed is a minor, the punishment is more severe. It is the filming, not the distribution, that constitutes the crime. [16] When a person is photographed from a long distance, the court judges whether there is "sexual intention" or a "sexual body part" is photographed or "sexual shame" is the result. The law has been criticized for having no clear standards for legal interpretation. [17] Some South Korean lawyers suggest that posting videos of street events such as Halloween on social media may constitute a sex crime. [18]

United Kingdom

England and Wales

Despite widespread voyeurism in the UK, few reports are made and fewer charges are brought. Upskirting incidence 2015-2017 UK.png
Despite widespread voyeurism in the UK, few reports are made and fewer charges are brought.

Since April 2019, upskirting has constituted the specific offence of voyeurism under the Sexual Offences Act 2003. It is defined as creating images of or operating equipment to view genitals, buttocks or underwear beneath clothing where they would not normally be visible, for the purpose of sexual gratification or to cause humiliation, alarm or distress. The maximum sentence for the offence is two years' imprisonment and in the more serious sexual cases those convicted are added to the Violent and Sex Offender Register. [20] [21] [22]

Before 2019, there were no specific laws against upskirting in England and Wales. [23] When upskirting took place in public, it was outside of the scope of the offence of voyeurism under the Sexual Offences Act 2003. [24] Nevertheless, prosecutions for upskirting were successful under the common law offence of outraging public decency, which requires the presence of at least two other people and for the act to be done in a public place. [25]

Following a public campaign to change the law, a government bill was introduced to the House of Commons on 21 June 2018. [26] [27] Speaking on the government's behalf in the House of Lords, Baroness Vere of Norbiton said the legislation would also protect men wearing kilts. [28] [29] The Voyeurism (Offences) Act 2019 received royal assent on 12 February 2019, taking effect two months later.

Scotland

Upskirting is a specific offence in Scotland under the Criminal Justice and Licensing (Scotland) Act 2010. This act, which was passed by the Scottish Parliament, extended the definition of voyeurism to cover upskirting. [30] [31]

Northern Ireland

As in England and Wales before 2019, there is no specific offence of upskirting in Northern Ireland, but can in certain circumstances be prosecuted as the common law offence of outraging public decency. [32]

United States

In the United States, laws vary by state. At the federal level the United States enacted the Video Voyeurism Prevention Act of 2004 to punish those who intentionally make an image of an individual's private areas without consent, when the person knew the subject had an expectation of privacy. This act applies only in areas under federal jurisdiction. [33]

Additionally, many state laws address the issue as well. [34]

A 2005 Illinois law made it a crime to videotape or transmit upskirt videos of other people without their consent. A 2014 Chicago ordinance made the crime punishable by a $500 fine. [35]

In March 2014, the Massachusetts Supreme Judicial Court overruled a lower court upskirt ruling because the women photographed were not nude or partially nude, saying that existing so-called Peeping Tom laws protect people from being photographed in dressing rooms and bathrooms when nude or partially nude, but it does not protect clothed people in public areas. [36] A law was then passed in Massachusetts to ban the practice. [37]

In September 2014, the Texas Court of Criminal Appeals voided the state's statute against "improper photography or visual recording" including "upskirt" photos, saying its wording was overly broad. The court's opinion stated: "Protecting someone who appears in public from being the object of sexual thoughts seems to be the sort of 'paternalistic interest in regulating the defendant's mind' that the First Amendment was designed to guard against." [38] [39]

See also

Related Research Articles

<span class="mw-page-title-main">Age of consent</span> Minimum age for sexual activities

The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim that the sexual activity was consensual, and such sexual activity may be considered child sexual abuse or statutory rape. The person below the minimum age is considered the victim, and their sex partner the offender, although some jurisdictions provide exceptions through "Romeo and Juliet laws" if one or both participants are underage, and are close in age.

<span class="mw-page-title-main">Voyeurism</span> Sexual interest in or practice of spying on people engaged in intimate behaviors

Voyeurism is the sexual interest in or practice of watching other people engaged in intimate behaviors, such as undressing, sexual activity, or other actions of a private nature.

<span class="mw-page-title-main">Exhibitionism</span> Public exposure of intimate body parts

Exhibitionism is the act of exposing in a public or semi-public context one's intimate parts – for example, the breasts, genitals or buttocks. The practice may arise from a desire or compulsion to expose oneself in such a manner to groups of friends or acquaintances, or to strangers for their amusement or sexual satisfaction, or to shock the bystander. Exposing oneself only to an intimate partner is normally not regarded as exhibitionism. In law, the act of exhibitionism may be referred to as indecent exposure or exposing one's person, or by other expressions.

<span class="mw-page-title-main">Sexual Offences Act 2003</span> United Kingdom legislation

The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom.

<span class="mw-page-title-main">Sexual grooming</span> Child sexual abuse compliance method

Sexual grooming refers to actions or behaviors used to establish an emotional connection with a minor, and sometimes the child's family, to lower the child's inhibitions with the objective of sexual abuse. It can occur in various settings, including online, in person, and through other means of communication. Children who are groomed may experience mental health issues, including "anxiety, depression, post-traumatic stress, and suicidal thoughts."

The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant.

The ages of consent for sexual activity vary from age 15 to 18 across Australia, New Zealand and other parts of Oceania. The specific activity and the gender of its participants is also addressed by the law. The minimum age is the age at or above which an individual can engage in unfettered sexual relations with another person of minimum age. Close in age exceptions may exist and are noted where applicable. In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is 15. Same sex sexual activity is illegal at any age for males in Papua New Guinea, Kiribati, Samoa, Niue, Tonga and Tuvalu; it is outlawed for both men and women in the Solomon Islands. In all other places the age of consent is independent of sexual orientation or gender.

<span class="mw-page-title-main">Ages of consent in Africa</span> Ages of consent for sexual activity in the countries of Africa

The age of consent in Africa for sexual activity varies by jurisdiction across the continent, codified in laws which may also stipulate the specific activities that are permitted or the gender of participants for different ages. Other variables may exist, such as close-in-age exemptions.

Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.

<span class="mw-page-title-main">Photography and the law</span> Legal status of photography, including intellectual property and privacy laws

The intellectual property rights on photographs are protected in different jurisdictions by the laws governing copyright and moral rights. In some cases photography may be restricted by civil or criminal law. Publishing certain photographs can be restricted by privacy or other laws. Photography can be generally restricted in the interests of public morality and the protection of children.

Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.

The legality of recording by civilians refers to laws regarding the recording of other persons and property by civilians through the means of still photography, videography, and audio recording in various locations. Although it is common for the recording of public property, persons within the public domain, and of private property visible or audible from the public domain to be legal, laws have been passed restricting such activity in order to protect the privacy of others, often at the expense of those who seek to invade others' privacy. The laws governing still photography may be vastly different from the laws governing any type of motion picture photography.

<span class="mw-page-title-main">Sodomy law</span> Laws criminalising certain sexual acts

A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law but are typically understood by courts to include any sexual act deemed to be "unnatural" or "immoral". Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced against heterosexual couples, and have mostly been used to target homosexual couples.

<span class="mw-page-title-main">Sexual offences in the United Kingdom</span>

There are a number of sexual offences under the law of England and Wales, the law of Scotland, and the law of Northern Ireland.

Child pornography is a type of erotic material that depicts persons under the age of 18. The precise characteristics of what constitutes child pornography varies by criminal jurisdiction.

<span class="mw-page-title-main">Sexual Offences (Scotland) Act 2009</span> United Kingdom legislation

The Sexual Offences (Scotland) Act 2009 is an Act of the Scottish Parliament. It creates a code of sexual offences that is said to be intended to reform that area of the law. The corresponding legislation in England and Wales is the Sexual Offences Act 2003 and in Northern Ireland the Sexual Offences Order 2008.

Revenge porn is the distribution of sexually explicit images or videos of individuals without their consent. The material may have been made by a partner in an intimate relationship with the knowledge and consent of the subject at the time, or it may have been made without their knowledge. The subject may have experienced sexual violence during the recording of the material, in some cases facilitated by narcotics such as date rape drugs which also cause a reduced sense of pain and involvement in the sexual act, dissociative effects and amnesia. The possession of the material may be used by the perpetrators to blackmail the subjects into performing other sexual acts, to coerce them into continuing a relationship or to punish them for ending one, to silence them, to damage their reputation, and/or for financial gain. In the wake of civil lawsuits and the increasing numbers of reported incidents, legislation has been passed in a number of countries and jurisdictions to outlaw the practice, though approaches have varied and been changed over the years. The practice has also been described as a form of psychological abuse and domestic violence, as well as a form of sexual abuse.

<span class="mw-page-title-main">Cyberflashing</span> Sending of obscene images to strangers via Internet services

Cyberflashing involves sending obscene pictures to strangers online, often done through Bluetooth or AirDrop transfers between devices.

<span class="mw-page-title-main">Voyeurism (Offences) Act 2019</span> United Kingdom legislation

The Voyeurism (Offences) Act 2019 is an Act of the Parliament of the United Kingdom which amends the Sexual Offences Act 2003 to make upskirting a specific offence of voyeurism. The Act came into force on 12 April 2019.

<span class="mw-page-title-main">Gina Martin</span> British political activist and author

Gina Martin is a British political activist and author. She is known for her case to make upskirting illegal in England and Wales, which resulted in the Voyeurism (Offences) Act 2019. Martin also authored a book, Be the Change: A Toolkit for the Activist in You, and rejected a nomination for an award of an Order of the British Empire in 2020.

References

  1. "Upskirting ban 'also protects men in kilts'". BBC News . 19 June 2018. Archived from the original on 24 June 2018. Retrieved 21 June 2018.
  2. Adburgham, Alison (10 October 1967). "Mary Quant talks to Alison Adburgham". The Guardian. Archived from the original on 14 June 2011. Retrieved 16 June 2011.
  3. O'Hagan, Maureen (20 September 2002). "'Upskirt' photographs deemed lewd but legal". The Seattle Times . The Seattle Times Company. Archived from the original on 22 December 2007. Retrieved 26 December 2006. So-called "upskirt cams," sometimes called "upskirt photos" or "upskirt voyeur pictures," are a hot commodity in the world of Internet pornography.
  4. Napolitano, Jo (11 December 2003). "Hold It Right There, And Drop That Camera" . The New York Times . Archived from the original on 23 April 2023. Retrieved 23 May 2008. ... the proliferation of camera phones had helped give new life to "upskirt" or "down blouse" photography.
  5. Tsai, Michael (18 January 2004). "Privacy issues plague picture phones". The Honolulu Advertiser . Gannett Co. Archived from the original on 25 December 2018. Retrieved 26 December 2006. ... because of the growing popularity of camera-equipped cell phones.
  6. Standing Committee of Attorneys-General (August 2005). Unauthorised Photographs on the Internet And Ancillary Privacy Issues (PDF) (Report). Australia. Archived from the original (PDF) on 15 October 2009.
  7. Busby, Eleanor (27 March 2018). "Schoolgirls wear shorts under uniform to protect themselves against 'upskirting', says teaching union leader". The Independent. United Kingdom. Archived from the original on 24 February 2020. Retrieved 24 February 2020.
  8. "Upskirting to become a crime". smh.com.au. The Sydney Morning Herald. 28 July 2006. Archived from the original on 7 September 2007. Retrieved 10 June 2007. Voyeurs who secretly take pictures up women's skirts or down their blouses will face a crackdown under draft uniform national laws criminalizing the practice.
  9. Marko Hämäläinen (5 August 2010). "Naisten takamuksia Turussa kuvannut mies sai sakot ja menetti kameransa". Helsingin Sanomat (in Finnish). Archived from the original on 22 August 2010. Retrieved 14 May 2011.
  10. Lacroix, E.; Nahmani, I.; Rebut, D.; Fanton, L. (1 September 2020). "New measures introduced by Law no. 2018-703 relating to sexual and gender-based violence". La Revue de Médecine Légale. 11 (3): 100–106. doi: 10.1016/j.medleg.2020.05.001 . S2CID   225798025.
  11. "Germany to criminalize upskirting and rubbernecking". DW. 13 November 2019. Archived from the original on 17 December 2019. Retrieved 8 December 2019.
  12. "47 Prefectures' "Trouble Prevention Ordinances" and Voyeurism Penalties". NHK (in Japanese). 30 September 2022. Archived from the original on 22 August 2023. Retrieved 22 August 2023.
  13. "What you need to know about the revision to Japan's sex crime law". The Japan Times. 19 June 2023. Archived from the original on 22 August 2023. Retrieved 22 August 2023.
  14. "Japan to ban upskirting in sweeping sex crime reforms". BBC. 2 May 2023. Archived from the original on 23 July 2023. Retrieved 22 August 2023.
  15. The Crimes (Intimate Covert Filming) Amendment Act 2006 Archived 4 April 2012 at the Wayback Machine created offences covering the making, possessing, publishing, importing, exporting or selling of voyeuristic recordings. The punishment can be up to three years' imprisonment.
  16. Ga yung Jin (22 August 2022). "Illegal filming is severely punished under the Camera Punishment Act". Lawissue (in Korean). Archived from the original on 26 December 2022. Retrieved 26 December 2022.
  17. Sung Ho Kim (26 April 2021). "'Mixed verdict' over sex crimes hidden camera in public places". Financial News (in Korean). Archived from the original on 26 December 2022. Retrieved 26 December 2022.
  18. Yun Ju Kim (3 November 2021). "'Hongdae Friday' and 'Halloween Street' videos can also be sexual crime". Hangyureh (in Korean). Archived from the original on 26 December 2022. Retrieved 26 December 2022.
  19. Staff Reporter, 'Upskirting' should be criminal offence, campaigners say Archived 22 July 2020 at the Wayback Machine , BBC, 2018-02-20
  20. Ministry of Justice; Frazer, Lucy (12 February 2019). "'Upskirting' now a specific crime as bill receives Royal Assent". gov.uk (Press release). Government Digital Service. Retrieved 12 February 2019.
  21. "Voyeurism (Offences) Act 2019", legislation.gov.uk , The National Archives, 2019 c. 2
  22. Jane Wharton (15 January 2019). "Upskirting is finally going to be made a criminal offence". Metro News. Archived from the original on 16 January 2019. Retrieved 16 January 2019.
  23. Secret barrister (30 August 2017). "Upskirting: Why a new law is needed to stop mobile phones being shoved up women's skirts". i News . Archived from the original on 2 September 2017. Retrieved 3 November 2017.
  24. Conner, Paul (2016). Blackstone's Police Manual 2017 Volume 1: Crime. Oxford, United Kingdom: Oxford University Press. ISBN   9780198783053.
  25. Miller, Harry (7 March 2011). "Croydon man convicted of taking pictures up women's skirts". Croydon Guardian . Archived from the original on 4 June 2015. Retrieved 5 January 2015.
  26. Bradley, Sorcha (21 June 2018). "Campaigners celebrate as government tables bill to tackle upskirting". Sky News. Archived from the original on 21 June 2018. Retrieved 21 June 2018.
  27. "Voyeurism (Offences) (No. 2) Bill" (PDF). publications.parliament.uk. 21 June 2018. Archived (PDF) from the original on 9 October 2022. Retrieved 13 July 2018.
  28. "Upskirting ban 'also protects men in kilts'". BBC News. 19 June 2018. Archived from the original on 19 June 2018. Retrieved 20 June 2018.
  29. "Upskirting - Hansard Online". hansard.parliament.uk. 19 June 2018. Archived from the original on 20 June 2018. Retrieved 20 June 2018.
  30. "Criminal Justice and Licensing (Scotland) Act 2010". Scottish Government. April 2003. Retrieved 17 May 2018.[ permanent dead link ]
  31. "Criminal Justice and Licensing (Scotland) Act 2010". www.legislation.gov.uk. Archived from the original on 17 May 2018. Retrieved 17 May 2018.
  32. "Northern Ireland teen to fight 'upskirting' charges". Belfast Telegraph. 28 June 2018. Archived from the original on 13 February 2019. Retrieved 12 February 2019.
  33. "S. 1301 [108th]: Video Voyeurism Prevention Act of 2004". GovTrack.us. Retrieved 27 February 2009.
  34. "Video Voyeurism Laws". National Centre of Victims of Crime. Archived from the original on 24 June 2012.
  35. Dardick, Hal (23 May 2014). "Chicago to ban 'upskirt' video taking without consent". Chicago Tribune. Archived from the original on 21 August 2014. Retrieved 19 August 2014.
  36. "Top Massachusetts court rules 'upskirt' photos to be legal". theguardian.com. 5 March 2014. Archived from the original on 17 March 2014. Retrieved 22 April 2014.
  37. "Mass. 'Upskirt Photo' Ban Signed Into Law". Law and Daily Life. 7 March 2014. Archived from the original on 4 February 2015. Retrieved 7 February 2015.
  38. "Texas court upholds right to take 'upskirt' pictures". theguardian.com. 14 September 2014. Archived from the original on 19 September 2014. Retrieved 14 September 2014.
  39. "Oregon judge: taking photos up girl's skirt not illegal". msn.com. Archived from the original on 7 February 2015. Retrieved 7 February 2015.

Further reading

Commons-logo.svg Media related to Upskirt at Wikimedia Commons