Buppha Witt

Understanding Image-based Abuse Under the Sexual Offences Act 2003

The right to privacy is not a privilege — it’s a fundamental human right. Yet for many victims of voyeurism, illegal surveillance, and image-based  abuse, this right is routinely violated in the most degrading ways imaginable.

Under Section 66(b) of the Sexual Offences Act 2003, it is a criminal offence to share or threaten to share an intimate photograph or film of a person without their consent. The law recognises several situations in which a person is considered to be in an intimate state — including acts of a sexual nature, exposure of genitals or breasts, urination or defecation, and any act of personal care related to those functions.

In short, the law is clear: recording or distributing such material without consent is a form of sexual abuse.

What Counts as an “Intimate State”?

The College of Policing guidance defines it precisely. A person is in an intimate state if:

• They are participating in or engaging in a sexual act;
• They are doing something a reasonable person would consider sexual;
• Their genitals, buttocks, or breasts are exposed;
• They are urinating or defecating; or
• They are carrying out personal care associated with those acts.

Source: https://www.college.police.uk/guidance/sharing-photographs-of-people-intimate-state

These definitions capture not only overtly sexual acts but also moments of bodily vulnerability — the private routines we all expect to perform in absolute privacy.

The Role of Intention and Harm

According to Crown Prosecution Service (CPS) guidance, a crucial element in prosecuting these offences is intent to cause alarm, distress, or humiliation. This is why victim impact statements are vital — they communicate the devastating emotional and psychological effects of these violations.

When Harassment Becomes Psychological Torture

In my own experience, this abuse manifests through constant reminders that my privacy has been invaded — often in ways that appear choreographed to humiliate.

There are times when, immediately after I engage in a private act such as using the bathroom, some individuals outside begin chatting loudly, or a housemate exits / returns to the property as if on cue. These synchronised acts, repeated over time, send a clear message: you are being watched.

Such experiences go far beyond harassment. They are psychological tactics designed to reinforce powerlessness and fear, to make the victim feel that even their most private bodily functions are subject to surveillance and mockery.

The Human Cost

The emotional impact of these invasions cannot be overstated. To know or even suspect that one’s most intimate moments have been observed, recorded, or broadcast — and then weaponised to cause humiliation — is to live in a constant state of distress. It erodes dignity, safety, and trust in the world around you.

I have felt violated, degraded, and stripped of my humanity. 

A Call for Recognition and Justice

This form of abuse — the deliberate exploitation of privacy through hidden surveillance, image-based abuse, and sexual humiliation — must be recognised for what it is: a serious sexual offence under UK law.

Victims deserve to be believed, protected, and empowered to seek justice. Law enforcement and the public must understand that these acts are not “pranks” or coincidences — they are orchestrated violations designed to cause trauma and control.

Privacy is sacred. The law exists to defend it. And silence only protects the perpetrators.