Scots revenge porn law is long overdue
With victims as young as 11, this ‘abhorrent’ practice needs to be stamped out, and new act is a positive step
The introduction of the new legislation known as the “revenge porn” law can only be welcomed.
England and Wales have had a similar law for more than two years and since the introduction of the legislation there, hundreds of prosecutions have taken place – which demonstrates the need for such measures north of the Border.
Now, in Scotland, the new Abusive Behaviour and Sexual Harm Act, passed unanimously by MSPS last March and brought in yesterday, makes it an offence to “disclose, or threaten to disclose, an intimate photograph or film” without consent.
Scotland is playing catch up with a situation which has already been a problem for some time.
With the rise of social media, an increasing number of people have found that photographs and video images they previously believed were private between them and their partner – such as when partially clothed or naked, or engaging in an act not usually carried out in public – have been shared more widely as an act of “revenge”, often after an acrimonious break-up.
Although existing obscenity laws and civil laws relating to human rights would technically cover this area previously, there has clearly been a loophole for some time which has meant that few prosecutions have taken place. The new law closes that loophole.
Most importantly, a number of the cases have related to young people, some as young as 11, who are not as well equipped to deal with such an unpleasant experience as older people coming out of a relationship. They may find it has a bigger impact on their lives – and their mental health.
Indeed, a study by Scottish Women’s Aid showed that most victims of this crime suffered longterm anxiety, and some mentioned feelings of self-harm and suicide because their intimate images were shared without their consent.
Meanwhile, we already know that the number of prosecutions for rape in Scotland is already low – we need to do everything that we can to protect victims of any kind of sexually motivated crime.
Those prosecuted under the new law could serve up to five years in prison – and the authorities need to make sure that people realise that this penalty will be implemented when appropriate, to ensure that this abhorrent act is stopped as much as possible.