A NEW law against “insidious and humiliating” revenge porn will encourage more victims to come forward, according to Lord Advocate Frank Mulholland.
The Abusive Behaviour and Sexual Harm Bill makes it illegal to share intimate images without the consent of the subject.
It also strengthens the law on domestic abuse and allows child sexual offences committed in England and Wales by Scottish residents to be prosecuted here.
Publishing the Bill, Justice Secretary Michael Matheson said it would “modernise the justice system” and provide further protection for women and girls.
He said: “Domestic abuse and harassment are appalling crimes which often affect some of the most vulnerable members of our society. I am proud of the bold and unapologetic approach we’re taking to tackle these crimes in Scotland, and this bill sends out a strong message that domestic violence will simply not be tolerated.
“These proposals will improve the way the justice system responds to abusive behaviour, holding perpetrators to account for their actions and improving public safety.
“It will also remove some of the current barriers to justice by improving understanding of domestic abuse and sexual harm, something we know is lacking in the current system.
“In particular, creating a new offence of sharing intimate images without consent, so-called revenge porn, helps to modernise the justice system.”
If passed by parliament, the legislation will make domestic abuse an aggravating factor that courts will be bound to consider when sentencing offenders.
It will also reform the system of civil orders to improve protections for communities from sex offenders and to help prevent sexual harm.
Mulholland said: “I welcome the publication of this bill, particularly the measures to deal with the sharing of intimate images without consent.
“This crime is a form of insidious abuse designed to inflict humiliation and suffering on its victims, who are predominately women. It results in significant distress to victims and in extreme cases has resulted in people taking their own lives.
“I called for a new law to cover this crime because we need to send a strong message to victims not to be embarrassed to come forward and report this offence.
“I believe it is currently under-reported and I hope the new bill will help reassure those who are affected that law enforcement will treat victims with sensitivity and ensure that those who commit this cowardly crime will face the full force of the law.”
Dr Marsha Scott, chief executive of Scottish Women’s Aid, said: “The creation of a new offence for the non-consensual sharing of intimate images means victims of this controlling and humiliating behaviour should be given greater protection under the law.
We hope that a new offence will give greater clarity to police and prosecutors and make it easier for perpetrators to be held to account.
“We also welcome the announcement that the proposed bill will include provisions for juries in sexual offences cases to be given special directions on how to consider the evidence, greater protection for victims of harassment, and reforms around protecting children.”
Mhairi McGowan, head of service at ASSIST and Domestic Abuse Services in Glasgow, said: “This programme is about tackling gender inequality, which is at the root cause of violence against women. By addressing this inequality, the Scottish Government is showing leadership.”
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