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Originally Posted by Paul M
Why does this need a specific new offence ?
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Because the current way the law is structured makes it hard for the police to charge suspects:
https://www.bbc.co.uk/news/magazine-40955829
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The difficulty was that the police couldn't really find much that they could charge him with because she was an adult and it was in a public place. First of all they wanted to charge him with voyeurism but apparently that can only happen if you're in your own home and someone's taking a picture through your window. So in the end I think they charged him with something like public nuisance.
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The Police and CPS have to be creative with existing laws in do it when in reality it would be easier if it were a specific offense.
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What about up-shorts ?
I've seen very loose shorts that are almost as bad as short skirts.
At this rate we'll start having laws for different lengths and colours of skirts.
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The proposed change doesn't specify the type of clothing so shorts would count too. It says that it would be illegal to put a camera under someone's clothing to obtain a picture that they would have been unable to have obtained without them putting the camera there:
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A person (“A”) commits an offence if A—- (a)without another person (“B”) consenting, and
- (b)without any reasonable belief that B consents,operates equipment
beneath B’s clothing with the intention of enabling
A or another person (“C”), for a purpose mentioned in subsection (3),
10to observe B’s genitals or buttocks (whether exposed or covered with
underwear) or the underwear covering B’s genitals or buttocks, in
circumstances where the genitals, buttocks or underwear would not
otherwise be visible.
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