Government publishes bill to tackle revenge porn and modernise abuse law

Legislation that would tackle the rise of so-called “revenge porn” and modernise the law around domestic abuse has been published by the Scottish government.

The Abusive Behaviour and Sexual Harm (Scotland) Bill aims to strengthen the powers of the police, prosecutors and courts against perpetrators of domestic abuse, harassment and sexual offences.

The bill creates a specific offence of sharing private intimate images without consent, and would require judges to give specific jury directions when dealing with sexual offence cases.

If backed by MSPs, the bill will also ensure child sexual offences committed in England and Wales by Scottish residents can be prosecuted in Scotland, and will reform the system of civil orders to help prevent sexual harm.

The Lord Advocate Frank Mulholland said: “I welcome the publication of this bill particularly the measures to deal with the sharing of intimate images without consent. This crime is a form of insidious abuse designed to inflict humiliation and suffering on its victims who are predominately women.

“It results in significant distress to victims and in extreme cases has resulted in people taking their own lives. I called for a new law to cover this crime because we need to send a strong message to victims not to be embarrassed to come forward and report this offence.

“I believe it is currently under-reported and I hope the new bill will help reassure those who are affected that law enforcement will treat victims with sensitivity and ensure that those who commit this cowardly crime will face the full force of the law.”

Justice Secretary Michael Matheson added: “These proposals will improve the way the justice system responds to abusive behaviour, holding perpetrators to account for their actions and improving public safety. It will also remove some of the current barriers to justice by improving understanding of domestic abuse and sexual harm, something we know is lacking in the current system.

“In particular, creating a new offence of sharing intimate images without consent, so-called revenge porn, helps to modernise the justice system to tackle the ways people are using new technologies to perpetrate abuse.

“At a time when victims of sexual offences have increasing confidence in reporting historic incidents to the police knowing they will be effectively investigated, our proposals on new jury directions will also make a real difference in ensuring juries approach court evidence in an informed and balanced way.”