POSTERS showing a mobile phone with nude pictures covered in crime scene tape feature in a new campaign highlighting tough jail terms for sharing intimate images without consent.
Those convicted of sharing or threatening to share an intimate photo or video can be jailed for up to five years under the Abusive Behaviour and Sexual Harm (Scotland) Act due to come into force later this year.
A Scottish Government campaign shows a phone screen with photos of a naked man and woman covered by crime scene tape and the warning: “Share intimate images online and you could get five years in prison.”
Justice Secretary Michael Matheson said: “Disclosing private images can be extremely cruel and degrading, and can cause fear and alarm.
“Sharing, or threatening to share, such images can also be used in a highly abusive and manipulative way to seek to control a partner or ex-partner.
“We have developed this campaign together with key agencies including Scottish Women’s Aid, Rape Crisis Scotland, Assist, Police Scotland and the Crown Office to ensure it reflects what we know is happening across Scotland and beyond.
“These organisations are seeing first-hand the incredible pain being caused by intimate images being passed around.
“Too many people are suffering because pictures of them, that they believed were only for a trusted person to see, are being shared online.
“Through this campaign, I’m determined to drive home the message that there is no place for victimisation like this in a modern Scotland and that those who think otherwise will soon face the full force of the law.”
The law, passed by MSPs last March, aims to tackle so-called “revenge porn” and other non-consensual sharing of intimate images.
The move comes in response to a growing problem as easy access to devices like smart phones means pictures and videos taken with the expectation of privacy can be now far more easily shared publicly online through outlets such as social media.
Sandy Brindley, Rape Crisis Scotland National coordinator, welcomed the campaign.
She said: “Sharing or threatening to share intimate images of someone without their consent is a serious violation and can be devastating to individuals targeted.
“This behaviour has emerged increasingly in recent years as a factor in sexually abusive behaviour and, in highlighting it as a serious criminal offence which will attract a substantial penalty, this legislation is an important and necessary development.”
The new law also includes a requirement for judges, when dealing with sexual offence cases, to direct juries on how people may respond to becoming a victim of rape in order to help prevent the jurors being influenced by any pre-conceived views about how someone who has been raped should react.
Sharing images of someone without permission with malicious intentions is often referred to as “revenge porn”, however, this term can be misleading as it fails to reflect the fact that these cases do not always involve ex-partners seeking revenge and does not reflect the full extent of the types of case that are covered by the new law and is felt by those working with victims to undermine the seriousness of the damage inflicted.
The Abusive Behaviour and Sexual Harm (Scotland) Act is intended to improve how the justice system responds to abusive behaviour, including domestic abuse and sexual harm, helping to improve public safety by ensuring that perpetrators are appropriately held to account for their conduct.
The Act was passed by the Scottish Parliament in March 2016 and followed a consultation in 2015 (Equally Safe – Reforming the criminal law to address domestic abuse and sexual offences) which sought views on issues relating to how the criminal law and criminal justice system addresses domestic abuse and sexual offences.
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