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Liverpool Echo
Liverpool Echo
National
Luke Traynor

Pervert who used 'covert camera app' first on Merseyside jailed under new upskirting law

There have been more than 150 allegations of upskirting made to police in England and Wales in the six months since the new law was introduced in spring, 2019.

New figures released this month revealed it was mostly children and teenagers who fell victim to the offence, which was only legally banned in April, last year.

Upskirting is the act of taking a sexually intrusive photograph up someone's skirt without their permission.

On Merseyside, three people were arrested for five upskirting incidents, although just one was convicted.

In December, Daniel Jones admitted targeting young girls and women in a series of offences.

The 26-year-old, from Rainhill, secretly filmed up the skirts of females of various ages, including children as young as 10, between May 2017 and 2018.

He targeted them on escalators at supermarkets, shopping centres and train stations.

Jones amassed more than 400 videos and photos, but accidentally recorded his own face on one of the clips.

Police found his iPhone had a "covert camera" app, which allowed it to record or take pictures without the screen being active.

Jones, who has no previous convictions, denied possessing indecent images of children, which was ordered to lie on the file.

He was jailed for 12 months to sign on the Sex Offenders Register and comply with a Sexual Harm Prevention Order for a decade.

Upskirting victim and campaigner Gina Martin, 26, who faced rape threats and abuse after launching her campaign to make it a criminal offence and lawyer Ryan Whelan celebrate securing government support to criminalise upskirting. (PA)

More than three years ago, former bakery salesman Allan Turner was spared prison after trying to take pictures up the skirt of a woman in a newsagents.

The 54-year-old deliberately followed a 25-year-old into a shop in Walton.

She was at the counter when she heard a noise behind her, which was Turner dropping a bag of crisps as a ruse.

The man, with a previous conviction for indecently assaulting a child, bent down to pick the snack up and held his phone between her legs pointing upwards to take a photo.

Prosecutors said: "She felt the phone cold on her legs, turned around, challenged him and said ‘what are you doing?’

“The defendant seemed to brazen it out, said he hadn’t done anything and tried to leave the shop.”

Turner was handed 10 months in prison, suspended for two years.

A judge ordered him to attend a sex offenders programme and a rehabilitation activity requirement for up to 20 days.

Turner was given a new ten-year Sexual Harm Prevention Order and a five-year restraining order.

In 2013, English teacher Paul Daw also avoided jail for filming indecent images of young girls getting changed at his school and “upskirt shots” of teenagers shopping in Liverpool.

The longstanding University Academy Birkenhead employee was caught after a 15-year-old girl saw him filming up her skirt in TK Maxx.

Daw was arrested that same day and 41 upskirting images were recovered from his iPhone.

He was jailed for eight months, but that was suspended for two years, with two years supervision in the community.

Daw was also to sign on the sex offenders register for ten years, a ten year sexual offences prevention order was imposed and he was given 180 hours unpaid work.

In Cheshire, including Widnes, Runcorn, Warrington, Ellesmere Port and Hale Village, five reports of upskirting were made by victims.

Four of them were aged between 15 and 17.

One of the incidents took place while the victim was at the supermarket.

No charges in relation to the reports have yet been made.

Meanwhile in Lancashire, five upskirting incidents have been reported in the six months since the new law was introduced.

It is thought the difficulty of getting evidence, and the sometimes reluctance of victims to give evidence at court, is behind the low figures for convictions.

However the first figures on the impact of the new Voyeurism (Offences) Act show that almost one victim a day has contacted police since its introduction in April 2019.

Gina Martin, who led the campaign against upskirting after she was targeted by two men taking photos of her at a 2017 festival, praised the impact of the law on bringing perpetrators to justice.

The Freedom of Information data from 35 police forces, from the six months since the legislation came into force, reporting 153 incidents, was up from 94 incidents among 25 constabularies with available data during 2018, the year before the ban was introduced.

It was also up from 78 reports over the two-year period from April 2015 to April 2017.

Campaigners previously complained that the lack of a specific upskirting law meant police were unsure how to deal with allegations, and therefore many crimes went unreported.

New data shows the vast majority of incidents between April and October 2019 involved female victims, taking place in schools, shopping centres and other public places.

ITV Screengrab Gina Martin- This Morning guest describes shocking moment she was upskirted at music festival by 'aggressive' man (ITV)

Under the new law, a conviction at the 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, can carry a sentence of up to two years in prison.

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

Campaigner Ms Martin, who spent nearly two years fighting to create a specific upskirting law after her offenders went unpunished, welcomed the statistics.

She said: "The Voyeurism Act only came into use eight months ago and the difference in charges and reporting is already up greatly.

"Among those who were charged was a convicted paedophile and a man who police subsequently found had 250,000 indecent images of children.

"Upskirting doesn't exist in a vacuum.

"Sexual assault and violence is all linked, and I'm just so happy this law is holding those who perpetrate it accountable."

In 2018, controversial Tory MP Christopher Chope angered many when he blocked a House of Commons bill to make upskirting a specific criminal offence.

His tactic sparked shouts of "shame" in the chamber, including from the Conservative front benches.

Overall, six police forces said they had no evidence of upskirting crimes being reported, while two forces - Bedfordshire and the Metropolitan Police didn't provide any data.

Several police forces provided patchwork or incomplete data - which means the number of allegations, nationally, is likely to be much higher.

However, the data frequently cited "evidential difficulties" preventing cases progressing.

Detective Constable Phil Poynton, of Merseyside Police, said: “Upskirting will not be tolerated in Merseyside.

"We have a duty to protect our communities from harm and to deter individuals from committing these types of horrific offences and we will continue to seek to identify and convict those who engage in this behaviour.

“I hope Daniel Jones' sentencing encourages anyone who has been a victim of any sexual offence to please contact us.

"We have a specialist team ready to treat you with respect, care and compassion and make sure that reports are properly and thoroughly investigated.”

Anyone with information or who wants to report sexual offence allegations is asked to call 101 where you will be spoken to by specially trained officers or you can pass information to Crimestoppers anonymously on 0800 555 111.

Support for victims is also available through the registered charity the Rape and Sexual Abuse Support Centre Cheshire and Merseyside, who can be contacted on 01925 221 546 or 0330 363 0063 or Rape and Sexual Assault Merseyside (RASA) on 0151 558 1801.

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