Non-Consensual Sexually Explicit Images and Videos (Offences) Bill [HL] Debate

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Department: Ministry of Justice
Baroness Gohir Portrait Baroness Gohir (CB)
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My Lords, I declare my interests as set out in the register. I thank the noble Baroness, Lady Owen, for proposing this Bill and her powerful introduction.

Taking and creating intimate images without consent is a violation of privacy and dignity and a form of abuse. The Muslim Women’s Network helpline has received calls from Muslim women distressed because boyfriends and husbands have taken intimate images without their consent. Victims often report that, when a relationship ends, former partners reveal that they have made secret recordings, such as of sexual activity or nudity. We have also had cases where women have been tricked into relationships via catfishing so that intimate images can be taken or created, including through online interactions.

Perpetrators of intimate image abuse can instil fear, humiliate and make victims feel unsafe without even sharing, or threatening to share, the images. They can stay within the law and still manipulate and control their victims. Making victims aware of covert recordings or fake images is often sufficient to inflict psychological damage.

On the Muslim Women’s Network helpline, we have had cases where perpetrators have shared intimate images, including digitally created fakes, and shown them to other people to humiliate the victim. However, it is difficult to prove, because they are not circulated and remain in the person’s possession. They use the images to maintain a hold over the victim. In communities where there is a culture of honour-based abuse, victims will be made to feel even more fearful of repercussions. An additional offence should therefore be created which criminalises exposing victims to increased risk of such harm.

I know that this Bill is about recording intimate images without consent; however, another perhaps lesser talked-about problem is recording audio of sexual activities without consent, including sharing or threatening to share them. A person’s voice is recognisable to the people who know them. For example, one woman who called the Muslim Women’s Network Helpline in distress reported that her ex-boyfriend had made a secret audio recording of them having sex, which was then added to a pornographic film and shared online. Whether it is original audio or digitally created fake audio, I would like to see the law amended to prevent this type of abuse. Could this be considered in this or another Bill? Unless it is covered elsewhere, there will be grey areas.

The Labour Party pledged to halve violence against women and girls. Therefore, I hope that the Government are fully supportive of the Bill proposed by the noble Baroness, Lady Owen, and I will be very disappointed and surprised if they are not.