Figures show less than 40 upskirting cases are passed to the Crown Office each year

According to figures, an average of 40 upskirting cases per year have been referred to the Crown Office and the Procurator Fiscal Service (COPFS) since 2018.

A Freedom of Information request lodged by the Scottish Liberal Democrats showed that 226 cases of upskirting were reported to COPFS between July that year and July 2024, an average of 38 per year.

The party has called on the Scottish Government to ensure that any obstacles to bringing upskirting cases to court are resolved to ensure offenders can be prosecuted.

Upskirting involves a person taking images or videos under another person’s clothing without permission.

The Liberal Democrats said “loopholes” in the law mean the offenses only cover images obtained for sexual gratification or to cause distress.

Scottish Liberal Democrat justice spokesman Liam McArthur said many women do not feel safe going to the police about upskirting (Fraser Bremner/Scottish Daily Mail/PA). — Scottish Liberal Democrat justice spokesman Liam McArthur said many women do not feel safe going to the police about an upskirting matter (Fraser Bremner/Scottish Daily Mail/PA). Public address media

Liam McArthur, the party’s justice spokesman at Holyrood, urged the Government to review the law on upskirting.

He said: “I would love to think that this limited number of offenses represents the sum total of upskirting offenses in our country.

“However, the reality is that victims already feel shame when they report offenders to the police and fear that there will be no consequences.

“We need the Government to take these crimes seriously. They compromise the safety and dignity of women and constitute a form of harassment that has been ignored for too long.

“We need to give victims confidence that their cases will be dealt with and instil fear in perpetrators that they will not get away with it.

“The Scottish Liberal Democrats will continue to press the Government to review the law in this area to allow more cases to be reported to COPFS.

“This is the only way to give victims confidence in the system that should protect them.”

A Scottish Government spokesperson said: “The Scottish Government takes all forms of abuse and violence against women and girls very seriously and always encourages anyone who has been a victim to seek support and contact the police.

“Upskirting has been a criminal offense since 2010, when the Sexual Offenses Act came into force.

“We keep the law under continuous review to ensure it is effective.”

A Crown Office spokesperson said: “The Crown Office and the Procurator Fiscal Service are committed to the effective, rigorous and fair prosecution of sexual offenses and careful consideration is given to all reports of alleged criminal conduct. that are received”.