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Feminism: Sex and gender discussions

Good news re filming partner without consent

12 replies

Imnobody4 · 28/01/2020 18:50

amp.theguardian.com/law/2020/jan/28/filming-partner-without-their-consent-during-sex-ruled-a-criminal-offence?__twitter_impression=true
Anyone who films a partner during sex without their consent is committing the criminal offence of voyeurism, the court of appeal has ruled in a case that may affect the Crown Prosecution Service’s apparent reluctance to bring charges.
A CPS spokesperson said: “What constitutes a ‘private act’ for the purposes of the offence of voyeurism had never been conclusively defined by a higher court until today.

“The CPS does not make or decide the law; that is the remit of parliament and the courts respectively. Now that this new authoritative judgment has clarified this point of law, the CPS will review its position in the judicial review brought by Emily Hunt.”

Bloody CPS again - not fit for purpose

OP posts:
Childrenofthestones · 28/01/2020 19:21

It's amazing this hasn't always been the case.

R0wantrees · 28/01/2020 19:30

Anyone who films a partner during sex without their consent is committing the criminal offence of voyeurism, the court of appeal has ruled in a case that may affect the Crown Prosecution Service’s apparent reluctance to bring charges.

This is good and hopefully part of a re-establishing of the importance of prosecuting those (predominantly males) who disregard the importance of consent.

Thank you for the update

Michelleoftheresistance · 28/01/2020 19:38

CPS really does need disposing of.

Melroses · 28/01/2020 19:47

That is interesting - I was reading a local paper where there was a case of someone arrested for voyeurism for filming a woman while she was undressing and having sex, but it did not mention a second person and was wondering if it could have been someone in this situation.

Uncompromisingwoman · 28/01/2020 19:49

Maybe it's time that those in charge of the CPS had their hard drives closely examined as (given recent disclosures) it is beginning to look as if there are some seriously unsuitable and dodgy adults in charge.

MissBehaving1000 · 28/01/2020 20:14

How could you prove it though?

Without wanting to sound obtuse, it would be the victims word against the perpetrators.

I had hard evidence for domestic violence plus police body cam evidence yet when it got to the CPS they discounted it saying it was "my word against his"

They're absolutely shit in my experience and my fear would be it'd be harder to prove the filming of intimate moments wasn't consensual. Particularly if the victim appeared to be enjoying themselves (albeit without their knowledge)

I feel really let down by the justice system and perhaps just venting but struggling to see how this could be proved and charges brought.

Hope I haven't offended and would welcome the views of others who've been in similar situations

Michelleoftheresistance · 28/01/2020 20:54

So sorry Miss that's appalling Flowers

Have you seen the other thread on CPS where CPS are advising schools on how to criminalise girls as young as 11 for hate incidents if they say no to a trans child joining their friendship group or look unwelcoming in the girls' toilets? Would be pure word of one child against another with no evidence of any kind and no actual crime of any kind, but the CPS are right behind that. While telling you that your evidence of a very serious crime isn't something they can support.

It's beyond disgusting. The CPS aren't fit for purpose.

MissBehaving1000 · 28/01/2020 22:09

Thanks Michello

No I haven't seen the thread you're referring to, can you link it please?

I can't fully relate as I went to an all girls secondary school in the 90's, and was before the subject of being trans become wide public knowledge (as it is now)

It is a very difficult and emotive subject to discuss, with no right or wrong answer.

What I would be interested in knowing however, is how the entry criteria for single sex schools has changed over recent years?

Will they no longer exist?

Where is the "hate crime" law drawn in mixed schools for girls that don't wish to share toilets with peers that were born male? And who... or how... could or would enforce that?

Uncompromisingwoman · 28/01/2020 22:33

MissBehaving1000
I think this is the thread Michelle is referring to:
www.mumsnet.com/Talk/womens_rights/3804613-New-Year-New-Judicial-Review-CPS-Hate-Crime-Guidance-for-schools

wellbehavedwomen · 28/01/2020 23:01

@MissBehaving1000 in the cases in question, one of the women was asleep. How the CPS don't see that as evidence for rape as well as voyeurism, I don't pretend to know. The other case involves sex workers, and he seemingly didn't deny it or claim that they knew he was filming, just that they had no expectation of privacy as they'd agreed that he could be in their bedrooms. I imagine when the law was framed, this wasn't a scenario that was considered. It should be an aggravating factor IMO, because of the breach of trust.

The world is a frighteningly misogynist place. I'm so very sorry you experienced that - when even police body cam evidence is deemed insufficient, you really have nowhere else to go, do you. I hope you are safe and happy now. Flowers

MissBehaving1000 · 28/01/2020 23:03

Thank you Uncomprimising

I've just started reading and fuck me... how times have changed since I was at school 🤷🏼‍♀️ need to read more though but what I've read so far is shocking.

I mean this honestly... I don't discriminate against anyone. And I'd like to think that I'm bringing my daughter up to be of the same belief.

I'm fully aware that times are changing, and bless her she's only young and starting to read.

We went into a card shop the other day to buy a wedding card and she asked why it was Mr and Mr... or Mrs and Mrs..?

I could explain that away easily enough as I have friends that are same sex couples, but when it comes to trans I have absolutely no idea, sorry. And that's not through ignorance, it's just because I don't know anyone.

Anyone care to help with explaining it or should I not worry about it until we need to cross that bridge?

Uncompromisingwoman · 28/01/2020 23:13

I do think you will need to speak to her much earlier than you might wish - but only because schools have been targeted by some very toxic groups grooming young children into believing that they might be "born in the wrong body" if they like stereotypical behaviour etc for the opposite sex.
There's a useful site called Transgender Trend (aimed at parents) where they unpick some of the worst excesses that are being pushed at children in schools. It can feel a bit overwhelming when you first discover what's happening but posters on this board are very helpful. There's a "Break it down for me" thread on here somewhere which is a useful place to start. Someone will have a link for it I'm sure.

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