A student who campaigned for “up-skirting” to be made a criminal offence in Northern Ireland has hailed as “beyond significant” changes in the law which came into effect on Monday.
Tegan Nesbitt said it was an “absolutely triumphant day” which had been “a really long time coming” and there were “still other elements of women’s rights and women’s safety that need to be covered.”
The change in the law created a number of new sexual crimes, including four new offences to tackle “up-skirting and “down-blousing”, which relate to the observing or recording of a person’s genitals, buttocks, breasts or underwear without their consent.
It also created a new offence of sending an unwanted sexual image – commonly known as “cyber-flashing” – aimed at those who intentionally send an image of their genitals or sexual activity to another person without their consent.
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Other offences were also introduced aimed at tackling the particular behaviour of an adult pretending to be a child and making communication with a child under 16 with a view to sexual grooming, and extending the scope of offences around abuse of positions of trust.
Police Service of Northern Ireland (PSNI) Detective Superintendent Lindsay Fisher said the new sexual offences closed down “legal loopholes” that had previously existed and sent a strong message that “this behaviour is not only unacceptable, but from today it is a crime.”
Now a 21-year-old student at Queen’s University, Belfast, Ms Nesbitt was a victim of “up-skirting” in a bar in Derry when she was 17.
“I contacted the bar to try and get the footage and I was told by the bar, by the bouncers, and by the police that there wasn’t very much that they could do.”
She began a campaign to have it made a criminal offence, and says now this has come into effect “it feels like finally we can breathe” but emphasised there was more to be done.
“This is just one legal issue that has been covered, and whilst I’m happy this has been covered and that women can now go forward with their statements and their stories, the work isn’t done yet, there’s still a lot to do.”
What happened to her, she said, “felt like just another day of being a woman in Northern Ireland, unfortunately, because you hear these horror stories … they’re from your friends, your colleagues, your mum, your auntie.
“This is a lot more common than people think, and until we beat that stigma that lies around it of victim-blaming, and this societal stigma especially, the law can only go so far, it’s us as people who have to spread the awareness, talk about it and make a difference to the future.”
The changes to the law on sexual offending are the final stage in the implementation of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022.
The Permanent Secretary at the Department of Justice, Richard Pengelly CB, said the “combination of new laws addresses a range of particular behaviours which have become increasingly prevalent within society, and it strengthens some existing law identified as needing additional protection.
“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,” he said. Additional reporting – PA.
