POSTING so called ‘revenge porn’ on the internet would be illegal under a new Bill which has the backing of police and prosecutors.
The Crown Office said the practice of intimate images being shared on the internet is now so widespread it needs a specific offence to allow those responsible to be prosecuted.
Currently police are using existing catch all offences like breach of the peace or threatening behaviour to take cases to court and it is argued a specific offence will make it clearer that a crime has been committed.
Police say the problem has increased hugely in recent years and believe it is massively under-reported because people are not aware it could be a crime even though it has caused them distress.
The Abusive Behaviour and Sexual Harm Bill is being considered by MSPs.
Catherine Dyer, chief executive of Crown Office and Procurator Fiscal Services appeared before the Justice Committee to outline the need for action.
She said: “Much like domestic abuse we need to look at which aspect of law has been breached.
“It could be breach of the Peace or stalking. We support this introduction because it is becoming very common that people do tackle these images of each other in relationships and these have been shared with the purpose of causing harm.”
She said it has become clear action is now necessary.
She added: “Instead of having to fit into some other offence, the point has come where there is so much of this and the harm it causes to people who find themselves pictured across the internet.
“Because you can take these images doesn’t mean you can share them.”
Police officers said the full extent of the problem is not known
Lesley Boal, Detective Chief Superintendent, Police Scotland, said: “Officers will try to work out if there is legislation to render it a crime or offence. Sometimes you find there’s very little legislation that fits the bill.
“There is under-reporting of this crime victims are unclear if it is a crime or offence. “
Still she said it has increased and gave an example of one unnamed small area of Scotland.
She said: “Between the 20th and 22nd August this year in one small area we had 25 separate reports of posting of intimate images from 25 women.”
It would also be an offence to threaten to share intimate images.
Malcolm Graham, Assistant Chief Constable, said in a written report: “The threat to expose intimate images can often be used to gain control over a victim or prevent a victim from terminating a relationship. This can be as debilitating as the actual sharing of images.”
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