Girls aged three among victims of upskirting - as teenager describes anger at school's response

August 28, 2023

Jolene Russell was 15 years old when a boy in her class sat next to her and took photographs under her skirt.

She had become suspicious when the boy started fidgeting with his phone in a lesson, even though they were banned at the school.

Then he made a bizarre request.

"He put his bag on the floor and put his phone on his bag with his camera facing upwards," Jolene told Sky News.

"I thought: 'Why has he done that?'"

"Then he threw his coat on the floor and asked me to bend over and pick it up for him. Instantly there were red flags," she added, through tears.

Repeatedly we had to stop the interview as Jolene became overwhelmed recounting her experience - it was clearly painful to talk about.

Jolene's mother Candice-Marie informed the school that her daughter believed she had been a victim of upskirting - the practice of taking a photo or a video underneath someone's clothing without their knowledge for sexual gratification.

The school confiscated the boy's phone and discovered photos of underneath Jolene's skirt which he had surreptitiously taken. The images were deleted but the boy was not suspended.

Two years later, Jolene - now aged 18 - and Candice-Marie are still angry the photos were deleted by the school instead of being presented to the police.

Candice-Marie took matters into her own hands and called the police. The teenager was arrested and given a caution.

Hundreds of upskirting offences recorded

At a festival in 2017, a man stuck his hands between Gina Martin's legs and took a photograph, inadvertently beginning a campaign that would eventually see upskirting made a criminal offence.

Ms Martin reported the act to the police, but she was told the case was closed as there wasn't legislation that covered the offence.

Outraged, she began a campaign for the law to be changed in England and Wales (it was already an offence in Scotland). In 2019, the Voyeurism (Offences) (No. 2) Bill received Royal Assent and now perpetrators face up to two years in prison.

But four years later, exclusive figures obtained by Sky News show 1,150 upskirting crimes have been recorded since 2019, with 40% of victims being children - some as young as three years old.

This data was revealed after Sky News submitted freedom of information requests to the 43 police forces in England and Wales - 39 responded.

However just 68 people have been convicted of upskirting since 2019, Ministry of Justice figures show.

Outcomes are low across other sexual offences too. Just 3.6% of sexual offences in England and Wales resulted in a charge in 2022/23 - or 2.1% for rape offences.

In response to the upskirting figures, a government spokesperson said: "We are supporting women and girls to feel safer everywhere and that's why we are encouraged that 60% of offenders convicted of voyeurism in the past year received either a suspended sentence or immediate custody."

Read more:
Ex-government lawyer sentenced for upskirting
Man guilty of upskirting spared jail
Outrage after Tory MP Sir blocks upskirting bill

'I blamed myself for wearing that dress'

Katie was 21 when she was out with friends for lunch and a man took photos underneath her dress while she paid for parking.

Another woman alerted her to what was happening and Katie confronted the man who showed the photos he had taken, which he had hastily moved into his deleted folder.

Like so many sexual assault victims, Katie found herself questioning her own behaviour.

She told Sky News: "I felt really embarrassed that someone had done that, because I'd dressed up to go out with my friends.

"I know you're not supposed to blame yourself but you do think: 'Maybe I wore a dress which was too short'."

Katie reported the crime to the police but a few months later, they rang to say there was nothing they could do.

The officer, she said, was unsympathetic and cold - the call lasted two minutes at most.

"I didn't really believe that they had tried to look into it because I'd been told by the receptionist at the shopping centre that there was CCTV all over the car park," Katie said.

"It's something which stays in your head for years. I always wondered where did those photos go?"

The impact on victims

While it may be dismissed as a minor offence, the impact on the victims can be long-lasting.

Candice-Marie says her daughter Jolene has become much more distrustful since she was upskirted.

"It's affected her confidence, it's affected her judgement of people," she said.

"She's quite distrusting of men and boys now.

"If she thinks someone is following her, she's on the phone to me instantly. As a mum, it's tough because I want her to be confident."

Candice-Marie also believes what happened reflects a worrying attitude among some male teenagers who think they can harass, pressure and assault girls without repercussions.

"There is a culture among young boys and teenagers where they can get away with this kind of thing," she added.

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It is a concern shared by Andrea Simon, director of the End Violence Against Women Coalition.

"We see links between those who were investigated for upskirting also having been investigated for other sexual offending," she told Sky News.

"It's an issue we should never minimise because it gives men and boys permission to act like this with impunity.

"That's where we are currently with the criminal justice system, which responds so poorly and charges and prosecutes so few cases of upskirting and other forms of violence against women."

Former Victims' Commissioner Dame Vera Baird added: "She is demeaned, her will is absolutely irrelevant, he invades that privacy and he possesses a photograph of it.

"This is probably a gateway offence to rape, and really has to be taken much more seriously than the police or the CPS are doing at present."

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