Crime and Policing Bill (Ninth sitting)

Lauren Sullivan Excerpts

Committee stage
Thursday 24th April 2025 Public Bill Committees

[Matt Vickers (Stockton West) (Con)]

It is a pleasure to have you in the Chair, Dr Allin-Khan. Clause 56 introduces schedule 8, which sets out new or amended provisions concerning criminal offences related to the taking, sharing or misuse of intimate photographs without consent, as well as acts of voyeurism. We very much welcome the measures being brought forward.

Many members of the public may be surprised that there is currently no single criminal offence that covers intimate image abuse. In July 2022, the Law Commission completed its review of the laws surrounding the taking, creation and distribution of intimate images without consent. It described the current legal framework as fragmented and outdated, highlighting the fact that existing offences had not kept pace with advances in technology or changes in patterns of sexual offending.

The then Conservative Government intended to use the Criminal Justice Bill to introduce a range of complementary offences to tackle the taking or recording of such images, as well as installing equipment to enable a person to commit a taking or recording offence, before the Bill fell ahead of the 2024 general election. As such, we welcome clause 56 and the measures in schedule 8. Schedule 8 is intended to strengthen legal protections against such offences, reflect modern technology and behaviours, and ensure that victims of these deeply intrusive acts are better safeguarded and supported through the criminal justice system.

These offences aim to address harmful behaviours such as secretly filming or photographing someone in a sexual or private context without their knowledge or consent. There are three main offences: one for taking or recording an intimate image without consent; one where the act is done to cause distress or humiliation; and another where it is done for sexual gratification. The legislation also provides certain exemptions, including where the person had a reasonable belief in consent, or where images were taken for legitimate purposes, such as medical care or by family members in certain situations. It also clarifies that images taken in public, where a person has no reasonable expectation of privacy, are generally excluded.

The new offences carry different penalties depending on the intent behind the act. The general offence is punishable by up to six months imprisonment or a fine, while the more serious offences, involving intent to harm or sexual gratification, carry a maximum sentence of two years. Clause 56 also introduces offences for installing or maintaining equipment, such as hidden cameras, with the intent to commit these acts. This ensures that preparatory behaviour intended to facilitate such invasions of privacy is also criminalised. Overall, the clause rightly strengthens the legal framework around image-based abuse and helps to protect people from intimate violations in both private and public settings.

Being filmed or photographed in an intimate or vulnerable situation without consent is a deep violation of privacy and dignity. Victims often experience long-lasting emotional and psychological effects. In some cases, the fear of images being shared online can lead to isolation, damage to personal relationships, and even job loss or reputational harm. We know how much that particularly impacts specific groups—research suggests that up to 90% of victims of intimate image abuse are women. By criminalising not only the taking and sharing of intimate images without consent, but the installation of equipment intended to facilitate such acts, the law sends a clear message that those behaviours are unacceptable and will not be tolerated.

These changes also help to close existing legal gaps, offering victims stronger protection and greater confidence that their experiences will be taken seriously. Importantly, the new offences allow for appropriate punishment that reflects the severity of the harm caused while also deterring future offenders. This is a vital step in modernising the law to reflect the realities of abuse in the digital age.

It would be useful to understand whether the voyeurism element of these proposals is sufficient in cases of extortion. The National Crime Agency and other organisations have launched campaigns to highlight the dangers of extortion involving intimate images. The Law Commission’s study highlights reports of its prevalence among young men, with some estimates suggesting that young men account for 90% of victims. In cases where consent is initially given, does existing law sufficiently protect individuals who are subsequently extorted? It may be the case that this clause is not the place to address that, and that the Government feel that sufficient powers already exist. I am keen to hear the Minister’s views on that.

[Dr Lauren Sullivan (Gravesham) (Lab)]

It is a pleasure to serve under your chairmanship, Dr Allin-Khan.

I rise in full support of the Government’s action to tackle internet image abuse through clause 56 and schedule 8. As the Member of Parliament for Gravesham, I have heard how digital abuse and coercion are becoming increasingly common in our schools, in our relationships and even in our homes. This measure is not just a policy update; it is a legal correction, a turning point in how the law confronts modern abuse. It stands in defence of dignity, particularly for women and girls who have borne the brunt of silence, shame and victim-blaming for far too long.

The abuse we are addressing through this Bill is often hidden, carried out online without witnesses but with devastating consequences. Victims are often blamed, disbelieved or told that they brought it on themselves. Clause 56 and schedule 8 will take a powerful step in changing that narrative, and I place on record my strong support for the Government’s proposals. I also want to highlight why these offences are so necessary, how the cultural context has changed, what impact this Bill will have on real people, and why this is a turning point in our fight to end violence against women and girls.

As the Minister described, clause 56 and schedule 8 add the base offence of taking and recording intimate images without consent, regardless of motive, to the offences of doing so with intent to cause alarm, distress or humiliation, and of doing so for the purpose of sexual gratification. These offences are key to reflect the reality of modern abuse. The base offence rightly does not require intent, because the harm is real whether or not it was intended.

Unfortunately, we live in a world in which private moments can be turned into weapons, where trust can be shattered with a click and where a single image taken without consent or shared perniciously can spiral into shame, harassment and lifelong trauma. The Law Commission describes our current legal framework as a “patchwork,” unable to keep up with the evolution of technology or the disturbing ways in which people are exploiting it, and the Law Commission is right. Until now, there has been no clear, single criminal offence of taking or recording intimate images without consent. Offences exist for sharing such images, but even then the law requires intent to cause distress or humiliation to be proven. The result is that many perpetrators escape justice while victims suffer in silence. This Bill changes that.

For the first time, we have a clear set of offences that target the taking of intimate images without consent whatever the intent behind the action, whether it is humiliation, distress or sexual gratification, and the installation of the hidden recording devices that enable abuse. It addresses that breakdown in trust.

The Kaspersky report “The Naked Truth” sets out the scale of the challenge. In a global survey of 9,000 people, 22% of respondents had saved explicit images of themselves on their devices and 25% had shared images with people they were dating—among 16 to 24-year-olds that figure rose to 34%. It is this younger generation who we must protect. Some 46% of people globally are either survivors or know somebody who has been a victim of intimate image abuse. That number rises to 69% for 16 to 25-year-olds. We really must act now to prevent this from continuing.

The need for reform has been recognised for some time, but the legislative space did not allow it to move forward. This Labour Government are now picking up the mantle and delivering on that commitment. Clause 56 and schedule 8 build on the groundwork of the Online Safety Act 2003, which acknowledges image sharing. The Bill addresses the act of recording, closing another legal gap. This Government will not stop there: deepfakes and AI-generated sexually explicit images will also be addressed in clause 135 of the Data (Use and Access) Bill. That shows a serious, layered, long-term response to a serious, layered, long-term problem.

We owe it to the survivors, to the next generation, and to every woman and girl who has ever been told that she should have known better. This Government will not look away; we will act, protect, and make it clear that everyone has the right to their own body, their privacy and their peace of mind.

[Luke Taylor (Sutton and Cheam) (LD)]

The Liberal Democrats are very supportive of clause 56 and schedule 8, which tidy up existing measures, including those previously implemented by the Liberal Democrats. That includes our campaign to ban revenge porn—we note the excellent points made by the Minister, the hon. Member for Pontypridd, regarding both “revenge” and “porn”—which elevated the taking of intimate images to a criminal offence in 2015, with sentences of up to two years in prison for those convicted.

We also note the work of my hon. Friend the Member for Bath (Wera Hobhouse) on the Voyeurism (Offences) Act 2019, so shamefully blocked by the hon. Member for Christchurch (Sir Christopher Chope) in 2018, which made upskirting a specific crime. We congratulate the Government on bringing forward measures to combat these upsetting, intrusive and insidious crimes.

Child Arrangements: Presumption of Parental Involvement

Lauren Sullivan Excerpts

Wednesday 22nd January 2025 Westminster Hall

[Dr Tidball]

I agree, and nowhere is that clearer than in the cases of my constituent’s sons, Jack and Paul. Not only was their father known to be abusive, but the boys did not want to see him—all while he was demanding 50:50 contact in the family courts. Claire promised her sons that she would not rest until the law was changed to prevent more children from dying like they did. When I was elected last year, I promised to help her.

Labour’s important mission to halve violence against women and girls in a decade will require a national effort, and require us to use every tool available to target perpetrators and address the root causes of abuse and violence. Last week’s Second Reading of the landmark Children’s Wellbeing and Schools Bill marked a transformative change to child protection in education, and now we need to hold family courts to the same standard by repealing section 1(2A) of the Children Act 1989.

[Dr Lauren Sullivan (Gravesham) (Lab)]

I thank my hon. Friend for securing this incredibly important debate, and I second many of the comments she has made in her incredible speech. Does she agree that the cases of children with special educational needs who cannot express their feelings and fears must be taken into account, and that the presumption of contact must be stopped in those cases where there is live domestic abuse?

[Dr Tidball]

I do agree, and those factors have a cumulative, additive effect on those young people, silencing their voices even more so than those of other victims. That is one of the reasons why the harm report was clear that

“the presumption should not remain in its present form”

and recommended that it be reviewed

“urgently in order to address its detrimental effects.”

Today we are focusing on presumption of contact, but there is much more that could be done to make the family court system child-centric. We can be bolder by changing the language in the Children Act 1989 to say explicitly that a presumption of contact should not be given to a known domestically abusive parent. Further, protections could be strengthened by incorporating practice direction 12J in primary legislation. We also need to ensure that no interim contact takes place before assessments are fully completed by CAFCASS. Additionally, we must legally recognise children as victims of financial abuse under the Domestic Abuse Act 2021. Shockingly, there is currently no definition of rape or consent in the family court system.

--- Later in debate ---

[Sarah Sackman]

My hon. Friend is absolutely right that the broader understanding of what can constitute abuse has to be incorporated in how we reflect on and review the presumption. The point made by a number of Members—that family courts must never be locations where victims can be re-traumatised by the legal process itself—is a vital one. It is also important that, at the centre of our family courts and law, the best interests and safety of the child are always the focus of any decision making. If we were to ask any family court judge, they would reiterate that that is the law they apply.

It is right, however, that a review has taken place. The Government understand the concerns that have been so eloquently raised today. As my hon. Friend the Member for Penistone and Stocksbridge pointed out, the previous Government and the Ministry of Justice conducted a wide-ranging review of private family law proceedings. A harm panel comprising experts analysed submissions of evidence from victims and families from right across the public, publishing a landmark report on private family law. As I said, family courts must never be a tool for domestic abusers to continue to exert their coercive control and abuse over others.

The panel recommended that we review the presumption of parental involvement, because in some cases it is leading to negative and unintended consequences. That review has been undertaken, and the Government will be publishing the findings. At the moment, we are grappling with what the policy implications of those findings will be. It would not be right for me to pre-empt the publication of the findings, but it is on its way. As soon as we can publish it alongside our policy response, we will.

[Dr Sullivan]

May I ask the Minister for some advice, then? If some of our constituents have found that the family courts process and procedures have led to the re-traumatising of victims, what advice can we offer them? As the Minister eloquently set out, the family courts are not designed to do that, but it does occur.

[Sarah Sackman]

If that is what is being experienced, it needs to be fed back. His Majesty’s Courts and Tribunals Service has complaints processes and, in my hon. Friend, her constituents have an outstanding advocate to make those points. I will be taking back the lessons that we learn in today’s debate, and it is right that the feedback happens. I will come in a moment to what we are doing, not least through the pathfinder pilot, to reshape and reform our family justice system so that the re-traumatisation does not occur. The progress that we are seeing through the pathfinder pilot, which this Government will extend, is a vital part of that work.

One hears talk about reviews, but it is not enough to simply have a review, and it is important that we act on it. We are not waiting to act. As others have said, this Government have a landmark ambition to halve violence against women and girls within the next 10 years. There is a role for our family courts to play in achieving that wider culture change. Others have made the point that we need joined-up, mission-based Government—

Motion lapsed (Standing Order No. 10(6)).