'Upskirting' is a criminal offence in England and Wales but many know little about the newly introduced law.

The law came into force in 2019 following a campaign led by 27-year-old writer Gina Martin, who spent 18 months fighting to make the invasive crime a specific offence.

Gina had been waiting to watch The Killers perform at the British Summer Time music festival in London's Hyde Park in July 2017 when a man put his phone between her legs and took pictures.

After reporting the incident to the police, she was shocked to discover upskirting was not a specific offence and the case had been closed.

Gina wrote about what happened a few days later in a post to Facebook which ended up going viral. 

It triggered a national conversation with thousands of victims sharing similar experiences with one common theme. In nearly all of the cases, the prepretrator walked free. 

MP Wera Hobhouse picked up the campaigned and brought forward a private members' bill to make upskirting a criminal offence. 

And after months of tireless campaigning by Gina, the law was passed in 2019. 

But two years on, campaigners say more work is needed to raise public awareness around the crime as many still wrongly believe taking inappropriate pictures of people in public is legal.

A poll conducted by YouGov and GQ magazine found that one in ten men didn't believe upskirting was a crime. 

Here are some of the key points surrounding the issue:

What is upskirting?

The definition is applied to the invasive practice of taking an image or video up somebody’s clothing in order to see their genitals or underwear.

While the vast majority of known cases involve men targeting women, the roles can be reversed.

Data shows children as young as seven have reported being victims. 

Is upskirting a crime?

Yes. The Voyeurism Act allows upskirting to be treated as a sexual offence and ensures that the most serious offenders are placed on the sex offenders’ register.

It captures instances where the purpose is to obtain sexual gratification or cause humiliation, distress or alarm.

What sort of sentence would a convicted upskirter receive?

A conviction at magistrates’ court would carry a sentence of up to one year in prison and/or a fine.

A more serious offence, tried in the crown court, would carry a sentence of up to two years in prison.

How widespread is the issue?

In the first year of the law's inception, 50 men were prosecuted for upskirting with four sent to prison.

Figures showed most incidents took place on public transport or in shops.

And despite coronavirus restrictions limiting the amount of time people could spend outside their homes last year, this has not stopped offenders.

Data from police forces in England and Wales shows girls as young as 14 were routinely among those targeted by people attempting to take a sexual image of them without consent.

The overwhelming majority of incidents involved female victims as young as 14, although a 16-year-old boy was among the handful of male victims.

Figures from 33 police forces found there were 196 allegations of upskirting during 2020, with offences reported to have taken place in a range of public places such as supermarkets, parks and on public transport.

Because of the covert nature of the crime, there are concerns the real figure of victims is unknown as those affected may not realise they have been targeted.