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Justice

What The Law
Say About

Image-Based Abuse.

Is this a crime in Scotland?

Yes, image-based abuse is a crime in Scotland. The main two laws in Scotland covering image-based abuse are:

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  • The Sexual Offences (Scotland) Act 2009. This makes it illegal to create images without consent, coerce someone into looking at a sexual image (including unsolicited ‘dick pics’), and also covers voyeurism offences such as upskirting or downblousing.

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  • Abusive Behaviour and Sexual Harm (Scotland) Act 2016. This makes it illegal to disclose or threaten someone to disclose a photograph or film without the consent of the person depicted.

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In Scotland, this covers still or moving images as well as altered or manipulated images (e.g. deep-fakes).

How can I report this to the police?

The police recognise image-based abuse as a serious form of abuse. As such, you can report such behaviour by calling 101 or in an emergency phone 999.

What are my rights?

As a victim of a crime, you have rights which are set out in the Victim’s Code for Scotland. There you will be able to find your rights and who to contact for help and advice. This includes:

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  • minimum standards of service – how you'll be treated by criminal justice organisations.

  • information – how you'll be updated about your case and what you can ask about.

  • participation – being understood, understanding what's happening and telling the court how a crime has affected you.

  • protection – feeling safe and protected from intimidation.

  • support – whether you report the crime to the police or not.

  • compensation and expenses – such as travel expenses, loss of earnings or compensation if you were injured.

  • complain – if you're unhappy about how an organisation has treated you.

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This information is available in a variety of language.

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