28/11/2023

New Sexual Offences 'Major Milestone' For NI Justice System – DoJ

The Department of Justice (DoJ) has welcomed a major milestone for Northern Ireland's sexual offences legislation, with the introduction of a number of new offences.

The changes to the law on sexual offending – including "up-skirting", "down-blousing" and "cyber-flashing" – mark the final stage of the implementation of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 – a key area of the Department's legislative reform programme.

Permanent Secretary at the Department of Justice, Richard Pengelly CB, said: "The commencement of these new provisions completes the final stage of a comprehensive implementation programme established to bring the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 into operation.

"The combination of new laws addresses a range of particular behaviours which have become increasingly prevalent within society, and it strengthens some existing law identified as needing additional protection."

The changes to the law include:

• Four new offences to capture the specific and highly intrusive behaviours of, what is commonly known as, "up-skirting" and "down-blousing". They relate to the observing or recording of a person's genitals, buttocks, breasts or underwear without a person's consent;

• The new offence of "sending an unwanted sexual image" to capture the behaviour of those who intentionally send an image of their genitals or sexual activity to another person without that person's consent. This is commonly known as "cyber-flashing";

• Four new offences designed to tackle the particular behaviour of an adult pretending to be a child and making a communication with a child under 16 with a view to sexual grooming. These act as a precursor to more serious grooming behaviours and build on existing child grooming protections;

• Extending the scope of the established abuse of position of trust offences to capture those adults in a position of trust who knowingly coach, teach, train, supervise or instruct a child on a regular basis in the area of sport or religion; and

• Amending the existing offence of disclosing a private sexual photograph and film with intent to cause distress to bring the behaviour of threatening to disclose a private sexual photograph and film with intent to cause distress within its scope.

Mr Pengelly added: "Today is a major milestone, bringing the final provisions of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 into operation - delivered in conjunction with our criminal justice partners and with the assistance of key voluntary sector partners.

"The creation of new offences and the bolstering of existing offences makes it clear that these behaviours are totally unacceptable, and it sends an important message that they will not be tolerated in our society. Those who would carry out these behaviours should be aware that there are serious consequences to their actions, with a maximum penalty of two years' imprisonment applying to the offences, as well as the potential to be placed on the sex offender register.

"Victims can be reassured that they do not have to accept treatment of this kind and I hope they will be encouraged to report any instances to the police and seek out relevant support."


Related Northern Ireland News Stories
Click here for the latest headlines.

16 February 2022
New Legislation To Strengthen NI Sexual Offence Laws
New legislation to strengthen existing law and introduce new offences to tackle sexual offending in Northern Ireland is to be considered during the Assembly.
06 July 2021
Legislation Introduced To Strengthen NI's Sexual Offences And Trafficking Laws
New legislation to improve public safety by updating the law on sexual offending in Northern Ireland has been introduced by Justice Minister Naomi Long.
28 September 2023
New Anonymity Laws For Sexual Offences Cases Come Into Effect
A number of new laws to to safeguard the privacy and anonymity of the victims and suspects in sexual offence cases have come into effect today, 28 September. Announced by the Department of Justice, the new laws implement recommendations made by Sir John Gillen in his Review into the law and procedures in serious sexual offences.
24 November 2023
81-Year-Old Bangor Man Jailed For Historic Sexual Offences
An 81-year-old man has been jailed for three years for a number of historic sexual offences. David Parkinson, from Bangor, Co Down, was sentenced at Dungannon Crown Court for 12 offences including gross indecency, indecent assault and rape. The offences were committed between 1976 and 1983.
09 May 2019
Review Recommends Banning Public From Sexual Offence Trials
A report into the law and procedures surrounding serious sexual offences in Northern Ireland has recommended restricting the public's access to trials. The Gillen Review, which commenced last May, has independently scrutinised how courts operate in cases of serious sexual offences. Sir John Gillen, a former Lord Justice of Appeal led the study.