Can Upskirting Be Addictive?
Lawyers, voyeurs, and the emergence of a new crime
Posted January 17, 2019
Over the past six months, ‘upskirting’ has been in the British news, particularly in relation to making it a criminal offense. A campaign initiated by freelance writer Gina Martin was started after she became a victim of upskirting. For those who don’t know what I’m talking about, upskirting refers to taking a photograph (typically with a smartphone) up someone’s skirt without their permission. Earlier this week, new legislation was approved in the UK that will see offenders face up to two years in jail if they are found guilty of upskirting. Martin published an account of her ordeal for the World Economic Forum in April 2018 and reported that:
“Last summer, I was standing in a crowd of 60,000, on a hot summer’s day in London, waiting for The Killers to come on stage, when a man—whose advances I’d rejected —took pictures of my crotch by putting his phone between my legs as I chatted to my sister, blissfully unaware. A few minutes later, I saw one of his friends looking at an intrusive picture of a woman’s crotch covered by a thin strip of fabric. I knew it was me. I grabbed the phone off him and checked. Tears filled my eyes and I began drawing attention to him: ‘You guys have been taking pictures of my vagina! What is wrong with you!?’ He grabbed me and pushed his face in front of mine, bellowing that I give him his phone back. I didn’t…The police arrived and were lovely. I was, understandably, a mess and they patiently calmed me down. What the police then did was ask him to delete the images—my evidence—and then, they told me they couldn’t do anything. ‘We had to look at the image, and although it showed far more than you’d want anyone to see, it’s not technically a graphic image. There’s not much we can do. If you weren’t wearing knickers it would be a different story.’ I was completely humiliated and devastated”.
Following this incident, and because upskirting wasn’t an offence, Martin began a campaign to get the act criminalized. Upskirting is currently an offense in Scotland but not in England and Wales. Upskirting is one of many sexual acts that are present among those individuals that have a voyeuristic disorder. In an article for the Law Gazette in July 2017 (‘Fifty shades of sexual offending’), forensic psychologist Dr. Julia Lam made countless references to upskirting in an overview of voyeuristic disorder. She noted that:
“Voyeuristic Disorder is a paraphilic/psychosexual disorder in which an individual derives sexual pleasure and gratification from looking at naked bodies and genital organs, observing the disrobing or sexual acts of others…Instead of peeping in situ using high-powered binoculars, with advances in technology such as camera phones and pin-hole cameras, voyeurs can now record the private moments with their devices: taking upskirt photos of unsuspecting individuals on escalators, or filming women in various states of undress in toilets and changing rooms. Voyeuristic behaviour is on the rise…Learning theory suggests that an initially random or accidental observation of an unsuspecting person who is naked, in the process of disrobing, or engaging in sexual activity, may lead to sexual interest and arousal; with each successive repetition of the peeping act reinforcing and perpetuating the voyeuristic behaviour”.
She reported that voyeurism is the most common type of sexual offense and that voyeurs can be men or women but that “men are commonly the perpetrators in the peeping acts/upskirt, with women being the victims”. She noted that the lifetime prevalence of voyeuristic disorder is around 12% among men and 4% in women, and that the causes of voyeurism are unknown. She then went onto say:
“The new vocabulary ‘upskirt’ is both a verb (the practice of capturing an image/video of an unsuspecting and non-consenting person in a private moment) and a noun (i.e. the actual voyeuristic photos or videos made; referred as “voyeur photography”)…While most voyeurs film for self-gratification (i.e. using upskirt materials for fantasy and masturbation), there are offenders who make upskirt photos and videos specifically for uploading onto the internet (e.g. fetish and pornographic websites and video-sharing sites like YouTube) for monetary profit…Upskirt is considered a ‘serious’ crime in Singapore as it intrudes upon the privacy of unsuspecting and non-consenting individuals. Offenses typically take place on escalators, in fitting rooms, public toilets or shower rooms; with the offenders trying to capture what is underneath the ‘skirts’ or private moments of the victims with a recording device which may or may not be disguise”.
She also said that in recent years in Singapore, she had assessed “a considerable number” of voyeurs that had engaged in upskirting and who were arrested, prosecuted, and incarcerated for their actions. Most of these criminal voyeurs were ‘first-timers’ (i.e., arrested and charged with upskirting for the first time), had a long history of engaging in excessive masturbation and pornography use, and that the offenses were non-violent. However, she did note that although they may have been arrested for the first time, their interest in peeping and upskirting usually stemmed from adolescence. Dr. Lam also claimed that:
“Getting apprehended for [upskirting] is more a norm than an exception in this group, as it is just a matter of time that the offender would be careless or daring enough to invite apprehension. Police arrest usually serves as a final ‘wake-up call’ that breaks the offending pattern, accompanied with a great sense of shame and embarrassment. Many of these voyeurs are amenable to treatment…Most of the sufferers of Voyeuristic Disorder who came for my assessment reported their urges to upskirt and use the materials to masturbate as overwhelming, to the extent that they gave in to temptation without considering the grave consequences of their acts”.
Dr. Lam also talked about her treating upskirting voyeurs and recounted one case which she claimed was a compulsion. The case involved a male university student who was very active in sports but who masturbated excessively whenever major sporting events or important exams were imminent as a coping strategy to relieve stress. Upskirting was another one of his coping strategies and he was eventually arrested for his behavior. Dr. Lam then went on to report:
“Every morning after he woke up, he would feel the urge to go out to find his ‘targets’. Although he knew it was very risky to take upskirt [photos] on MRT escalators, he felt compelled to satiate his urges and gratification, and was oblivious to his surroundings (e.g. passers-by security staff and CCTV) and the risk of being arrested. He could still feel the thrill and excitement, but he no longer enjoyed the act. It had become more like a compulsion…He was prescribed medication to manage his mood and urges to act out, and attended psychotherapy to work on his voyeuristic behaviour and learn more effective coping skills. He has since graduated from university, and has not breached the law with [upskirting] behaviour again”.
Dr. Lam, like other practitioners who treat sex offenders, often view extreme cases of voyeurism as a compulsion, obsession and/or an addiction. If extreme voyeurism (in general) can be seen as an addiction, there is no theoretical reason why upskirting couldn’t be viewed similarly. As far as I am aware, the case described by Dr. Lam is the only one in the academic literature of outlining and treating an individual with an upskirting disorder. As with other sexually non-normative behaviors I went online to see if there were any anecdotal accounts of addiction to upskirting and came across a few self-confessed accounts (particularly on The Candid Forum website):
Extract 1: “I’m not sure if you could help me. I suppose it’s an addiction. I am obsessed with women’s knickers and constantly try to look up women’s skirts, even schoolgirls. I know it’s wrong but I love to see the secrets. One day I will be caught and arrested. Am I a pervert?” (‘Andy’).
Extract 2: “I’m really starting to feel overwhelmed by this ‘addiction’ I have to upskirt videos…I just can’t seem to get enough, even when in the big picture, most of them are all the same. I have well over 3000 videos on my computer of just upskirts (not including other types of videos)…It’s also stressful to know that I may very well not get through them all, at least for a very long time (I still have yet to watch 1800 of them). There’s a lot of time involved in downloading them (waiting due to file hosting sites telling you [that] you have reached your daily limit etc., entering captcha codes). But all these videos actually amaze me at the same time, due to just how many times guys have gotten away with it…There’s a certain ‘wow’ factor I guess, but that also derives from the entire voyeur aspect of it to begin with, where a guy is able to creep up on a woman and she doesn’t even realize it…Do any of you share the same addiction as me, and do you want to get rid of it?" (‘GD102’).
Extract 3: “I used to be really addicted [to upskirting] until I made myself understand something you already know – once you’ve seen 200 asses, you’ve pretty much seen them all. There’s no point in wasting your time overindulging in the same thrill over and over again. Yeah, the excitement of seeing something you’re not supposed to see is hot as hell, but you have to set limits for yourself, and not try to fantasize too much about the upskirts you haven’t seen, and spend more time enjoying, and maybe sorting, the upskirts you already have. That’s what I’ve been doing lately” (‘Agent Ika’).
Extract 4: “[Upskirting] really does get repetitive. For me the thrill now comes from pretending I’m a director of a film – getting new angles, upskirts from the front, whole body shots with the upskirt still showing, and always including face shots” (‘Stimulus’).
Obviously I have no way of knowing whether these online forum confessions are true (but they seem to be). Based on these extracts, there is certainly the possibility raised that upskirting may be addictive to a very small minority of individuals. Extract 2 was particularly interesting in that the individual had never engaged in upskirting himself but his ‘addiction’ to watching upskirting videos takes up so much time in his life.
Another source suggesting that upskirting may be an addictive activity comes from the details of those arrested and prosecuted. For instance, one infamous example in the UK (in 2015) was the case of Paul Appleby who managed to take 9000 upskirting photos in the space of just five weeks (suggesting that he was doing it all day every day to have taken so many photos). Appleby was finally caught when he was caught bending over to take a photo up a woman’s skirt in a Poundland shop. The Daily Mirror reported that:
“The tubby pervert, who was ‘addicted’ to snapping upskirts, fled the store after he was spotted…when [police] officers found his camera and iPhone a staggering 9,000 ‘upskirt’ images were discovered. The photos had been taken between November 1 and December 4 last year. [Appleby] admitted two counts of committing an act of outraging public decency…and was given a three-year community order…[Appleby] had been prosecuted for a ‘similar matter’ of outraging public decency in London in 2010. Alistair Evans, defending claimed Appleby had committed the crime for ‘sexual gratification’ and his behaviour was a ‘compulsion and an addiction’ he needed treatment for”.
Here, the mitigating factor for Appleby’s behavior was that he was addicted to upskirting. The fact that Appleby did not receive a custodial sentence suggests the excuse of being ‘addicted’ to the behavior led to the judge being more lenient. Another individual who avoided a custodial sentence for upskirting offenses was Andrew MacRae who claimed he was addicted to sex. MacRae had amassed 49,000 upskirt photos and videos using hidden cameras at his workplace, on trains, and at the beach. He pled guilty to three counts of outraging public decency and seven counts of voyeurism. The judge said he would spare him jail if he was treated for his “compulsive voyeurism”. A report in the Daily Mail recounted what that Judge Jeremy Donne said:
“This was undoubtedly a sophisticated, organized, planned and long-running campaign of voyeurism – again with a significant degree of planning – and members of the general public, female commuters in the main, were caught by your voyeuristic activities. Your activities were undoubtedly despicable and will cause deep revulsion in all who hear them. Women will undoubtedly feel a need to be protected from such behaviour by the knowledge that the courts will deal with offenders severely, and men will thereby be deterred from committing such offences. On the other hand, you suffer from an illness that can be treated and you have submitted to that treatment. You have features of sexual addiction disorder with disorders of sexual preference, namely voyeurism and fetishistic transvestism – all defined in the international classification of diseases. You continue to receive treatment from psychiatrists who consider you to be at low risk of re-offending”.
Another recent British case highlighted the ingenious methods used to aid upskirting. Here, Stafford Cant used spy cameras hidden inside one of his trainers, his key fob, and his wrist watch to engage in upskirting women (as well as filming the backs of their legs) who were shopping in a Cheshire village. Acting on a tip-off, his house was raided and the police found 222,000 videos and pictures dating back seven years. ‘Addiction’ was again used as a mitigating factor in the crimes (along with depression and anxiety disorders) but this time it was not addiction to voyeurism but an addiction to collecting things. However, unlike the two cases above, Cant was jailed for three years after pleading guilty to outraging public decency, voyeurism and possessing and distributing indecent images.
Although there is little psychological literature on upskirting, there appears to be anecdotal evidence that the behavior (in the extreme) could perhaps be conceptualized as an addiction and/or compulsion among a minority of individuals. The cases of those that have been arrested and prosecuted demonstrate that upskirting behavior was time-consuming given the sheer number of photos and videos amassed, and that the behavior was ultimately problem-inducing and undesirable. Given that the relatively recent rise of upskirting appears to mirror the rise in the use of smartphones and spy equipment available at affordable prices, I expect to see more such cases to be written about in psychological and criminological journals in the years to come.
BBC News (2019). Upskirting to be a crime after Lords back bill. January 15. Located at: https://www.bbc.co.uk/news/uk-46884697
Fight The New Drug (2018). What’s “upskirting”, and how does porn culture feed this twisted trend? July 5. Located at: https://fightthenewdrug.org/whats-upskirting-and-how-does-porn-culture-…
Jolly, B. (2015). Upskirt pervert who took 9,000 secret photos in just five weeks avoids jail. Daily Mirror, January 28. Located at: https://www.mirror.co.uk/news/uk-news/upskirt-pervert-who-took-9000-505…
Keay, L. (2018). Live Nation executive who built-up sordid library of 49,000 upskirt pictures by filming women on trains, the beach and at work is spared jail as his wife stands by him. Daily Mail, January 5. Located at: http://www.dailymail.co.uk/news/article-5239815/LiveNation-executive-An…
Lam, J. (2017). Fifty shades of sexual offending – Part 1. The Law Gazette, July. Located at: http://v1.lawgazette.com.sg/2017-07/1910.htm
Martin, G. (2018). What happened to me was wrong. Time to make it illegal, too. World Economic Forum, April 9. Located at: https://www.weforum.org/agenda/2018/04/what-happened-to-me-was-wrong-ti…
Petter, O. (2018). Upskirting: What is it and why are people trying to make it illegal” The Independent, June 18. Located at: https://www.independent.co.uk/life-style/upskirting-explained-law-rules…
Shepherd, R. & Smithers, D. (2018). The public school pervert who spent years secretly filming up women's skirts in one of Britain's wealthiest villages. Manchester Evening News, March 29. Located at: https://www.manchestereveningnews.co.uk/news/greater-manchester-news/al…
The Strait Times (2016). Taking upskirt photos may be symptomatic of voyeuristic disorder. July 30. Located at: https://adelphipsych.sg/straits-times-taking-upskirt-photos-may-be-symp…
Wilson, H. (2004). Peeping Tom’s secret weapon. The Independent, July 8. Located at: https://www.independent.co.uk/news/science/peeping-toms-secret-weapon-5…