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Women
The woman campaigning to make upskirting a crime in England

Just Earth News | @justearthnews | 11 Aug 2017, 06:43 am Print

The woman campaigning to make upskirting a crime in England

Image: www.instagram.com/beaniegigi

London, Aug 11 (JEN): Gina Martin is a an ordinary British woman pursuing an extraordinary job.

She is a fighter and is fighting for the change of law involving 'upskirting' in the UK.

'Upskirting' is not a criminal offence in the UK, but thanks to her efforts and bravery, victims have started to see light at the end of the tunnel.

Gina, however was not so renegading, until an unsavoury incident made her think otherwise.

In a piece for the BBC, Gina explained her plight.

"On 8 July 2017, I was standing in the crowd at the British Summer Time music festival in London's Hyde Park having a laugh with my big sister and waiting for The Killers to take the stage. Two men were standing next to us, and after offering us some chips (and me accepting a couple) they became incredibly creepy," she says.

"One of the men - with dark hair - was worse than his taller blond friend. He constantly asked me questions, I caught him looking me up and down and he was laughing and joking with his friend about me. Then he rubbed up against me. I think that's when it happened.

At some point he put his phone between my legs, positioned his camera up my skirt and took pictures of my crotch in broad daylight,' she adds.

 

I was targeted by a creep, who put his hand between my legs and took pictures of my crotch without me knowing. ?? I gave the police the phone, the picture and the guy... and they closed my case. ?And told me that if I hadn't been wearing knickers they might have been able to do more. ???I started a petition to get him prosecuted and it now has 53,000 signatures. ???Now, the fight has changed. I'm campaigning to get upskirting listed as a Sexual Offence and I need your help. ?♥️ ✍?Sign the petition, share it with the women in your life and listen out, because soon i'm going to need your help to push our MP's to make a change. ????? Let's do this, girls. ?❤️ What you're wearing should have nothing to do with how you're treated. You are NOT the stylist of your own abuse. ??? Link is in my bio. ☝?☝?☝?

A post shared by Gina Martin (@beaniegigi) on

That changed it all.

Explaining further she says that the boys were looking at her photographs and laughing when it caught her attention.

She snatched the phone and a brawl ensured.

"At the time I had no idea what he had done. My sister and I were excitedly waiting to see a band we've loved since we were teenagers. But while we were watching the stage I saw something out of the corner of my eye. The tall, blond guy was looking at something on his phone and laughing. It was my crotch covered by a thin strip of underwear. Even though it was a small picture, I knew it was me straight away.

"I snatched the phone out of his hand and started shouting that he'd taken a photo up my skirt. He screamed back at me - towering over me and pointing in my face - that it was a picture of the stage. Next, he grabbed hold of my shoulders and pushed me, demanding I give him his phone back. I couldn't loosen his grip so I made eye contact with as many people around me as I could, shouting: "Help me. Help me!"

Gina ran towards the security-men and confided in them and the police were called for.

"When the police officers arrived - a man and a woman - I did my best to explain what had happened, even though I was a complete mess. They were kind and compassionate. One of them told me I "should be able to go to a festival in 30-degree heat and wear a skirt without worrying about this happening".

But soon enough she realised that it wasn't much that the law enforcing officers could do. They too, like Gina, had to obey the law.

To make matters worse and to her horror, the officers had made the perpetrators delete the picture, her only evidence.

Five days later she received a call from the police who informed her that the case was closed, much to her dismay.

" With a clear head and time to think about it, I couldn't believe what I was hearing. This wasn't good enough," she says.

"A few days later I posted a status update on Facebook with a picture of the guys, after realising they were in the background of a picture of me and my sister at the gig. I wanted to embarrass them. I wanted someone to tell me who they were.

"My post went viral within days, on both Twitter and Facebook. Other women shared similar experiences with me and that's when I realised this was a bigger problem," she shares.

She says that she started receiving hate from trolls, but had enough support to not give up, having come this far.

"I began receiving messages, some of support and some of hate.

"Some people told me to wear a longer skirt, to stop trying to get attention and to stop lying. Others told me I was doing it for publicity and that it was my own fault I'd been targeted," she explains.

Gina later started a petition, which has so far garnered fore than 55,000 votes.

"At one point I became a meme - teenagers tagged themselves in my post with phrases like "Viva la upskirters!" and crying-laughing emojis. Their friends replied with "Lol. Slag." I struggled to sleep, from the attention and stress, and I lost my appetite. I don't think you really know how victim-blaming affects you until you've been there. It's awful," she shares.

"I started to research how I could prosecute, and through conversations with lawyers, friends and organisations such as "Safe gigs for Women" and "Girls Against", I found out that upskirt photos aren't specifically listed as a sexual offence in England and Wales. Perpetrators don't often get charged with voyeurism, either - voyeurism laws only protect victims if they're in a private place like a changing room or at home. But I was at a festival - a public place," she says.

But all was not lost for her.

"I found out that the one law I could charge under was an old common law called "outraging public decency" - a law that states something lewd or indecent happened in public and at least two people saw it. Ironically, it is usually applied to flashers. So, to put it plainly, the only law that protects a victim of upskirting in England and Wales is one that worries about what the public saw, not the victim who's been harassed.

"It's an old law too - victims don't push for it because they don't know about it. If they had known about that law would the police have dealt with my case differently?

"Something has to change here, and that's why I'm campaigning to make upskirt photography a sexual offence. Scotland just did it. So we could too.

Her case has since been reopened.

"This isn't just about my case. My next step is to have the laws amended so that upskirt photos are listed as a sexual offence and a "victim crime", not a public nuisance,' she says.

Gina has received support from several politicos after her petition gathered momentum, though she regularly gets trolled on the cyberspace for making an effort to stand up against her bullies.

 

Image: www.instagram.com/beaniegigi