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5 things you should know about Scotland’s new law on image based abuse

In case you missed it, this July a new law came into force in Scotland on the 'non-consensual sharing of intimate images'. Basically, the sharing of private pictures without permission. This law is part of the Abusive Behaviour and Sexual Harm 2016 Act which means that anyone caught sharing or threatening to share somebody else's intimate images could be sent to prison for up to 5 years.

Here’s 5 things you need to know about Scotland’s new law:

1) It isn’t just the act of sharing; even the threat of sharing someone else’s intimate images is illegal.

If someone has, or has access to your intimate images they have a huge amount of power. If they choose to or threaten to share those images without consent, then that is an abuse of that power. And as with other kinds of abuse, it’s about a perpetrator establishing power and control over their victim in whatever way they can. A choice between the poten tial shame and humiliation of having your most private images shared beyond your control and compliance with what an abuser orders is no choice at all. It makes sense then that a perpetrator wouldn’t have to necessarily share the images to cause the intended fear and distress; the threat alone is incredibly powerful. That’s why it is important that unlike the law in England and Wales, the threat alone is enough cause to prosecute in Scotland.

2) What kind of image counts?

The new law considers intimate photographs or films to be:

• Films or images which feature a person doing or present during a sexual act that is not something that would normally be done in public,
• or where a person’s genitals, buttocks or breasts are exposed or covered only with underwear.

This includes photos or videos on your phone or laptop or phone, hard copies (including negatives), data stored on a hard drive or disk and screen shots/any other copy of the original. The crime also includes pictures or videos that have been digitally enhanced or manipulated, but not those which are wholly computer generated.

Intimate texts (sexts) or emails, without images, are not included within this offence BUT might be covered by another law, depending on the circumstances. Either way, you can call the police on 101 or speak to someone at your local police station.

3) By calling it revenge porn we are missing the point...

In the vast majority of cases so called 'revenge porn' has little to do with revenge and everything to do with power, control and humiliation. The sharing of intimate images between consenting adults is not the problem. Sharing or threatening to share someone else’s image is.

Context is important; consent is key. Recent research shows huge public support for the new law, with 78 per cent of adults agreeing it should be illegal for someone to share an intimate image that they’ve been sent and 83 per cent of people agreeing that it should be illegal for someone to share an image that they have taken without the consent of the person shown in that image.

But this public agreement only goes so far. When you dig a bit deeper our understanding of this crime is varied, and the same research shows the danger in our calling this behaviour ‘revenge porn’. While 91 per cent agree that ‘revenge porn’ is the sharing or threat of sharing material when a relationship is over, only 66 per cent agree it’s when someone takes a photo or film of someone without their knowledge. Whilst this is still a clear majority, limiting our understanding of image based abuse to just being motivated by ‘revenge’ leaves out many women and girls’ experiences. Ultimately this could stop women from seeking and accessing justice.

4) It’s not just the youth of today.

The argument that this is a problem found just amongst young people would make considerably more sense if no-one over the age of 19 owned a smart phone. Technology is at our fingertips twenty-four hours a day, and while there’s no denying that generational influences are at play, we’d be wrong to think that it is only teenagers who share intimate images. That means we’re also wrong to think that the sharing of said images without consent is a phenomenon exclusive to teens.

It’s unhelpful to write the problem off as a problem of the youth of today; this crime happens to lots of people of varying ages. The problem with stereotypes is that many of those people who don't meet the imagined criteria often feel less able to access support and less able to pursue justice.

Remember, if you are under 18 it is illegal to have/send/make/take/share or show intimate pictures of yourself or anyone else. As explained by Police Scotland, even though this means that if you have taken a nude selfie technically you have broken the law, the Police should always put the victim’s interests and safety first. This means if someone shares your selfie without your permission, you can still report it and the Police have to take it seriously. You’re not alone in this, and lots of people are on your side.

5) ‘But why did she take the pictures in the first place?’ and other things you shouldn’t say.

Every time the above sentence is said, the one we don’t hear is ‘why did he share her pictures in the first place?’. Blaming the victim does nothing more than let the perpetrator - the one who has inflicted harm - off the hook. It’s a symptom of a much bigger problem that exists in society where we blame victims of gender based violence for the violence that is committed against them. When he shares her intimate images without her permission, we question what she should have done differently.

We are hopeful that Scotland’s new law on intimate image sharing will help put the spotlight where it belongs, on the perpetrator, and give police and prosecutors the tools they need to hold perpetrators to account. Most importantly, we hope that women across Scotland will have a better chance of achieving justice. We at the Scottish Women’s Rights Centre will be working with them every step of the way to achieve just that.

Find out what to do if your images have been shared from Citizen's Advice Scotland by clicking here.

For help or support call Scotland’s Domestic Abuse & Forced Marriage Helpline on 0800 027 1234 (24 hours) or Rape Crisis Scotland on 08088 01 03 02 (everyday from 6pm-midnight).