The Garden Court Chambers Criminal Defence Team has responded to the Law Commission's Consultation on Intimate Image Abuse.
We welcome the Law Commission’s consultation on reforming the law in relation to taking and sharing intimate images. The harm caused by such offences has a significant impact upon victims’ sexual privacy, autonomy and dignity. The current legislative framework is a patchwork, ad-hoc jumble desperately in need of consistency and principle. The careful research and consideration which has gone into the paper is obvious and appreciated.
We have responded to the questions within the consultation which fall within the scope of our expertise and set out where we foresee difficulties with the proposed solutions put forward in the paper. These essentially fall into two categories – a lack of legal certainty and clarity, and the risk of over-criminalisation.