Voyeurism (Offences) (No. 2) Bill (First sitting) Debate

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Department: Ministry of Justice
Tuesday 10th July 2018

(5 years, 10 months ago)

Public Bill Committees
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Liz Saville Roberts Portrait Liz Saville Roberts
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Q Would the fact that it should be done in two months override the need for thoroughness?

Gina Martin: No, of course not.

Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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Q I want to raise a couple of things. First, you said that you have been hearing from hundreds of women. Is it your impression that this is happening all the time on a daily basis and really is extensive? As Gillian said, many people had not even heard of this until your campaign, but it seems to have suddenly brought something into the open. Is it your impression that it is really quite common now?

Gina Martin: Yes, and a big part of that is because a lot of women do not know it has happened to them. It is incredibly secretive assault. A study done recently by a women’s magazine asked women to give their stories of it anonymously. The feedback it got was that up to 80% of women said that they felt harassed and upset, but a lot women said that people had seen it happen to them. People feel that this is something that happens to women—and men and children—extensively, but they do not know it has happened because it is very hard to see it. I was lucky that I saw the picture. That is why we have not spoken about it for so long, and it has been normalised and accepted in society for so long. This campaign has ignited a conversation, so of course people have flooded in, talking to me. I am the only one who has ever gone out and said loudly that it has happened, so I think they trust me, which is nice.

Helen Whately Portrait Helen Whately
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Q It is also why you want to see action taken quickly on this, rather than solve a bigger problem.

Gina Martin: Yes, because it has always been happening.

Helen Whately Portrait Helen Whately
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Q You talk about closing the loophole whereby upskirting is not covered properly by current law. You have also clearly been very thoughtful about when it would be appropriate for someone to be put on the sex offenders register versus when it would not. You have been clear about ensuring that that is the case for someone who is a sexual predator, but am I right that you think that some people should go on the sex offenders register but that a distinction needs to be made with teenagers fooling around? You think there should be a distinction between the most serious sexual predators who are upskirting and others who are not doing it with the same motivation.

Gina Martin: Yes, 100%. If I did not think that, the amendment would not be valuable. Obviously, there is a distinction between someone who has 5,000 photos on their phone and a 13-year-old who does it once and does not fully understand the full repercussions of his actions. I feel like the Bill that we have put forward covers all those instances and can be used case by case, objectively by prosecutors.

Helen Whately Portrait Helen Whately
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Thank you.

Mary Robinson Portrait Mary Robinson
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Q Just on that point, where would the balance be? We are differentiating between a younger person fooling around, taking photos and sharing them and someone who has a different, more sinister intent, but would the impact on the person who is the victim not be the same? How are we going to get the balance between thinking about the intent of the person committing the crime and the impact on the victim? After all, the victim comes forward because of the impact on them.

Gina Martin: In each situation that this happens in, regardless of where it is, the age of the person and so on, it is very hard for me to say specifically where it is on the spectrum of how they feel. I have friends who it has happened to. They half did not know it was happening, but it happened to them and they were embarrassed and they left. Their instance was not as violently violating as mine felt. It is difficult for me to know, but that is something where the Bill needs to look specifically at each person’s circumstance. Currently we cannot do that.