Sexual Offences and Obscene Publications Act 2021
Overview of the Act
Sexual offences are considered to cause the most significant harm, with the emotional and physical trauma of these offences impacting those who are victims, their families and friends, in a way that damages lives and cannot easily be repaired or overcome.
Those who speak out may be fearful or believe that they will be stigmatised as a result of something that happened to them, which they were not able to prevent and did not want to happen.
The Sexual Offences and Obscene Publications (SOOP) Act 2021 was created to make new provision about sexual offences, their prevention and the protection of children from harm from other sexual acts; to amend the Prohibition of Female Genital Mutilation Act 2010; to provide for the detention and forfeiture of land vehicles, ships and aircraft in connection with trafficking in persons; and for connected purposes.
The Act is a wide ranging modernisation of the statute law of the Island in relation to sexual offences and related matters such as obscene publications. Whilst the Island has, in the past, amended its legislation, in a piecemeal fashion, in relation to matters covered by this Act, it was considered that developments in technology, social attitudes and priorities were such that a complete overhaul of sexual offences and obscene publications legislation was required.
Statement from the Minister for Justice and Home Affairs
Jane Poole-Wilson, MHK, said:
'This Act is absolutely imperative in delivering our Island Plan vision of a secure Island where everyone feels safe. The enactment of this Act will ensure that there are appropriate and robust punishments in place for perpetrators of sexual or obscene image offences, those insidious and heinous crimes that take away a victim’s ownership of their body, consent or likeness. I am pleased that this Act will now be in place and I am grateful to all those who have been involved in the significant preparation required to make this a success.'
Passage of the Act
The Sexual Offences and Obscene Publications Act 2021 (the Act) received Royal Assent on the 20th July 2021. Part 11 of the Act was brought into operation on 29 June 2022 by virtue of the Sexual Offences and Obscene Publications Act 2021 (Appointed Day)(No.1) Order 2022.
The Act was enacted or ‘switched on’ on 21 March 2024 after approval from Tynwald at the March 2024 sitting. This means that several new legal protections will be introduced, including specific offences of behaviour like voyeurism, up skirting, revenge porn and owning extreme pornography. It also makes several provisions to improve protections such as the use of sexual harm protection orders and sexual risk orders. It will outlaw conversion therapies, update child abuse and child exploitation offences and increase our maximum penalties to bring our prison sentences more in line with the UK.
The use of Sexual Harm Prevention Orders and Sexual Risk Orders will allow the Police to place more stringent controls on those they believe pose a sexual risk to others. These orders would need to be requested at Court, but would provide protection by imposing conditions such as curfews, exclusions from certain places and no contact conditions - even prior to a conviction or guilty plea.
Matters covered under the Act
The Sexual Offences and Obscene Publications (Notification Requirements) Regulations 2024 were made on 19 February 2024 and received Tynwald approval on 21 March.
Voyeurism
Voyeurism is when a person observes someone in a private act, or operates any equipment for the purpose of observing someone that does not consent to being observed.
A private act is defined as something a person would engage in whilst in a place that it would be expected to provide privacy, this includes:
- Whereby a person’s genitals, buttocks or (female) breasts are exposed or just covered in underwear
- When using the toilet or shower
- When engaged in a sexual act not done in public
Up skirting
Up skirting is when a person intentionally records an intimate image of another person or operates/ adapts any sort of equipment/ structure for the purpose of recording intimate images, without the consent of the person.
An intimate image would be:
- Whereby a person’s genitals, buttocks or (female) breasts are exposed or just covered in underwear
- Which shows a person in a private act - using the toilet or shower or having sex
- Or an image altered to suggest the above
Revenge porn
Revenge porn is when a person intentionally distributes an intimate image of a person, or threatens to record or distribute an intimate image (with the intent of the threat being believed) without the consent of the person.
An intimate image would be:
- Whereby a person’s genitals, buttocks or (female) breasts are exposed or just covered in underwear
- Which shows a person in a private act - using the toilet or shower or having sex
- Or an image altered to suggest the above
Owning extreme pornography
When a person has extreme pornographic images in their possession for the purpose of sexual arousal, these images include:
- An act which takes, or threatens, a person’s life
- An act resulting, or likely to result, in serious injury
- Rape or other non-consensual penetrative activity
- Sexual activity between a human and a human corpse
- Sexual activity between a human and animal (or the carcass of one)
An image can be still or moving or data capable of being converted into an image.
Outlaw conversion therapy
The Act now makes it an offence for any person to practise, or offer to practise, any type of therapy that makes the assumption that any sexual orientation or gender identity is inherently preferable to any other. An addition was also made to include the word 'freely' within 88(2)(b), thus taking into account the fact that an individual might wish to engage with a service that, through freely exercising their own choice, provides them with assistance to explore, develop or affirm their sexual orientation or gender identity.
Where to report
Isle of Man Constabulary
If you have been the victim of any offences set out within the Act and would like to file a report, please contact the Isle of Man Constabulary on +44 1624 631212, or in the case of an emergency, contact 999
The Isle of Man Constabulary (IOMC) have dedicated teams of specially trained officers who provide victims with the support and care they need and help them throughout the process.
IOMC know how difficult it will be to talk about your experience, which is why they will assign you your own specially trained officer who will remain with you throughout.
You will be treated with respect and sensitivity; IOMC are not here to make judgements about you or your lifestyle.
Where to access support
Victim Support Isle of Man
Victim Support Isle of Man is an independent charity, offering a free and confidential service, whether or not a crime has been reported and regardless of how long ago the event took place.
Freephone: +44 1624 679950.
They are available to support with mental and physical health, offering advice to help you understand what your options are as well as provide information on the criminal justice process and what you can expect if you report an incident to the police.
As a result of your assault, you may be worried about your sexual health or the possibility of unwanted pregnancy. You can contact your local Doctor (General Practitioner or GP) for help and advice or the Accident and Emergency department at Nobles Hospital if you have suffered injury, telephone: +44 1624 650000.
Samaritans
You may find speaking to a friend or family member helpful at this time. Alternatively there are also a number of non-government organisations and charities that can help such as the Samaritans.
Call 116123 for free, day or night, 365 days a year.
Writing an email can be a calm and safe way to work through what's on your mind, you may prefer to get in contact for support through jo@samaritans.org.
More information about Samaritans can be found on their website.
Central Wellbeing Support
The Isle of Man Government central wellbeing support webpage offers a wide range of varying support services, from local face-to-face advice to online overseas support.
