Women who report the invasive crime of 'upskirting' are having their traumatic experiences downplayed by police, with stark new figures showing fewer than one in six reports result in a criminal charge.
Shockingly Low Prosecution Rates
An analysis of the specific offence over the past two years reveals a significant gap between reporting and justice. Police forces across England and Wales recorded almost 800 allegations of upskirting, yet only 118 of these cases ended up with someone being charged and taken to court. A mere 11 offenders accepted a caution.
These statistics emerge despite the introduction of new legislation in 2019, which made upskirting – the act of filming or taking a picture under a person's clothing without their consent – a specific criminal offence. The law was championed by campaigner Gina Martin after she was targeted by a stranger at a London music festival and told police could do nothing as no specific offence existed.
A Pattern of 'Minimisation' and Missed Opportunities
Campaigners argue that the low charge rate points to a systemic failure to take non-contact sexual offences seriously. Andrea Simon, director of the End Violence Against Women Coalition, stated that these violations are frequently minimised upon report.
"Upskirting is a traumatic violation in its own right, and can form part of a wider pattern of offending that includes rape and other forms of sexual violence," Simon said. "Police frequently fail to investigate them properly or recognise patterns of offending. This leads to missed opportunities to prevent further abuse."
Home Office data provides context for the low prosecution rate. Of the 772 logged offences:
- 265 cases had a prime suspect identified, but evidential problems prevented a charge.
- 201 investigations were shelved because officers could not find a suspect.
- 17 cases were closed after a community resolution, often an apology.
Calls for Action and Improved Police Response
Andrea Simon emphasised that criminalisation alone is not the solution, calling for a challenge to the attitudes that underpin such behaviour and a greater focus on prevention. In response, Metropolitan Police deputy assistant commissioner Helen Millichap, the national policing lead for violence against women and girls, acknowledged the need for improvement.
"Positive action must be taken to bring upskirting offenders to justice," Millichap stated. "We have been working hard to improve our response to these crimes with new training produced by the College of Policing."
The figures and testimony suggest that five years after the law was changed, securing justice for victims of this degrading crime remains a significant challenge, with many cases falling through gaps in the system.
