HRH Duke of Edinburgh, 10 June 1921 to 9 April 2021 Read more

Publication - FOI/EIR release

Abusive Behaviour and Sexual Harm (Scotland) Act 2016 breakdown: FOI release

Published: 22 Mar 2021

Information request and response under the Freedom of Information (Scotland) Act 2002

Published:
22 Mar 2021
Abusive Behaviour and Sexual Harm (Scotland) Act 2016 breakdown: FOI release
FOI reference: FOI/202100146624
Date received: 4 Feb 2021
Date responded: 23 Feb 2021
Information requested

The act of disclosing intimate photographs or films of another person without their consent is illegal under s2-4 of the Abusive Behaviour and Sexual Harms (Scotland) Act, I’m looking for the amount of reports and convictions since the act has been introduced?

I
 would also like the information on how many reports and convictions on the same matter before the act was introduced?

Response

The non-consensual sharing of intimate images is legislated by Section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 ("the 2016 Act"). Section 2 of the 2016 Act makes it a criminal offence for a person to disclose, or threaten to disclose, an intimate photograph or film.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Unfortunately, we are unable to provide the data on the matter before the act has been introduced since these crimes would have been prosecuted under more general laws (e.g. breach of the peace) and it is impossible to distinguish how many of these were related to disclosing, or threatening to disclose, an intimate photograph or film from the data we hold.

The answer to your first question is provided in the table below.

Number of people prosecuted in Scottish courts for offences under Abusive Behaviour and Sexual Harm (Scotland) Act 2016 Section 2(1), where main charge.
  2017-18 2018-19
ABUSIVE BEHAVIOUR AND SEXUAL HARM (SCOTLAND) ACT 2016 SECTION 2(1) 22 59
Source: Scottish Government Criminal Proceedings database

 

Number of people convicted in Scottish courts for offences under Abusive Behaviour and Sexual Harm (Scotland) Act 2016 Section 2(1), where main charge.
  2017-18 2018-19
ABUSIVE BEHAVIOUR AND SEXUAL HARM (SCOTLAND) ACT 2016 SECTION 2(1) 19 48
Source: Scottish Government Criminal Proceedings database

The Scottish Government Criminal Proceedings database is not a live system and the latest available information is for the financial year 2018-19. Statistics are presented on the number of people dealt with by the Scottish Criminal Justice System where proceedings have concluded rather than the number of cases heard.

Information for 2019-20 will not be available until publication of the Criminal Proceedings in Scotland, 2019-20 Statistical Bulletin. This is expected to be published in the spring of 2021. The dates of all Scottish Government Official and National Statistics publications are pre-announced, and the up to date list of future publications can be found at:
https://www.gov.scot/publications/official-statistics-forthcoming-publications/

About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG