Upskirt photo crimes call for tougher action
Smartphones have become a way of life. While they bring convenience, information and entertainment, they also open up a new world for criminals. Taking upskirt photos is a case in point. Even though the law has been tightened to target voyeuristic and other behaviours, awareness and deterrence remain a work in progress. The problem has been put into perspective in a joint study by Lingnan University and the Caritas Specialised Treatment and Prevention Project Against Sexual Violence. Of all the perpetrators of sexual crimes seeking counselling in 2015, 38 per cent, or 28 cases, involved upskirt photo offenders. But the figure rose to 78 per cent, or 86 cases, last year.
Of particular concern is that culprits were seemingly not aware of the gravity of the crime. Many could be under the impression that taking such photos did little harm as long as no physical contact was involved. The group said most who sought help were more concerned about being found out than whether their behaviour was intrinsically wrong. But the truth is that it amounts to sexual violence as long as an individual takes away the sexual privacy of others without consent. The term “upskirt photography” therefore may not reflect the violent nature of the behaviour.
Three years ago, the Law Reform Commission gave voyeuristic photography and other acts priorities in a sexual crime review after taking into account strong public sentiment and the perceived inadequacies. The law was tightened last October to target observing or recording the intimate acts of others, and unlawful recording or observation of the intimate parts of a person dishonestly or for a sexual purpose.
An ex-police officer with a previous upskirting conviction was put behind bars again last September, after he preyed on five women within two months of his release from prison for the same offence. The two cases, involving charges of loitering, violation of public decency and perverting the course of public justice, only cost him a total of four months and two weeks. It remains unclear whether there have been prosecutions under the new offences, which are punishable by up to five years in jail. Evidently, publicity and enforcement should be enhanced for stronger deterrence.