:max_bytes(150000):strip_icc():gifv()/BarkerWedding_sq-67dc5a48a3614c6db82e77966491f0a1.jpg)
Public transport is supposed to be a mundane part of the day. You hop on, find a seat, and scroll through your phone. But for many, the fear of an upskirt on a train incident isn't just a vague anxiety—it’s a documented legal and social issue that has reshaped privacy laws globally. Honestly, it’s one of those topics that people feel awkward talking about, yet the legal ramifications are massive.
The term refers to the act of taking a non-consensual photograph or video under a person’s clothing. While it might sound like something from a bygone era of grainy CCTV, the explosion of high-resolution smartphones and "silent" camera apps has made it a modern nightmare. This isn't just about "creepy" behavior. It’s a serious criminal offense in many jurisdictions, and the way the law handles it has changed drastically in the last five years.
The Changing Legal Landscape of Upskirting
For a long time, the law was surprisingly quiet on this. In the UK, for instance, there was a massive gap in the legislation. Before 2019, prosecutors often had to rely on "outraging public decency" or voyeurism laws, which were notoriously hard to prove if the act happened in a crowded, public space like a train station.
Then Gina Martin happened.
After being targeted at a festival and discovering the police couldn't really do much because of a loophole, she launched a high-profile campaign. This led directly to the Voyeurism (Offences) Act 2019. Now, in England and Wales, the act of taking an upskirt on a train or anywhere else can land someone in prison for up to two years and put them on the sex offenders register. It’s no joke.
In the United States, the situation is a bit more fragmented because it’s mostly handled at the state level. Massachusetts was a pioneer here. Back in 2014, the state's highest court actually ruled that upskirting didn't violate existing voyeurism laws because the victims were in a public place. The backlash was instant. Within days, the state legislature passed a bill specifically criminalizing the act. Today, most states have followed suit, though the specific definitions of "expectation of privacy" still vary from New York to California.
✨ Don't miss: BJ's Restaurant & Brewhouse Superstition Springs Menu: What to Order Right Now
Why Trains Are Hotspots for This Behavior
Trains create a perfect storm for this type of privacy violation. They’re cramped. People are distracted. The physical layout—think of those narrow aisles or the steep stairs on a double-decker commuter train—gives offenders easy opportunities to position a phone without being obvious.
Commuters are usually looking at their own screens or staring out the window. This "commuter trance" is exactly what perpetrators count on. They use the natural sway of the train to mask sudden movements. It’s a predatory tactic that relies on the density of the morning rush.
Identifying the Tech Used in Modern Privacy Violations
We aren't talking about bulky DSLRs here. The tech has become terrifyingly subtle.
Most incidents involve standard smartphones, but the software is what makes it insidious. There are apps designed to look like a black screen or a calculator while the camera is actually recording. Some offenders even use "spy" pens or modified shoes, though that’s becoming less common as phone cameras get better at low-light photography.
Security experts often point out that the sound of a camera shutter is one of the few deterrents left. In Japan and South Korea, it is actually a legal requirement for smartphones to make a loud, unmutable shutter sound when a photo is taken. This was a direct response to the "chikan" (groping) and upskirting epidemic on the Tokyo subway. However, third-party apps can sometimes bypass these hardware-level restrictions, creating a constant cat-and-mouse game between developers and regulators.
🔗 Read more: Bird Feeders on a Pole: What Most People Get Wrong About Backyard Setups
The Role of Transit Police and Modern Surveillance
Metropolitan Police and British Transport Police (BTP) have ramped up their presence significantly. They use a mix of plainclothes officers and high-definition CCTV.
The BTP, for example, launched the "Report it to Stop it" campaign. They realized that many people who experienced an upskirt on a train didn't report it because they felt embarrassed or thought it wasn't a "real" crime. The data shows that when people do report, the success rate of catching the person is surprisingly high because of the sheer number of cameras in modern transit hubs.
- CCTV Integration: Most modern trains have cameras in every carriage.
- Facial Recognition: Some jurisdictions are testing software that can flag known offenders entering the station.
- Bystander Intervention: There’s a growing push to train commuters on how to intervene safely without escalating the situation.
Psychological Impact and the Victim's Perspective
It’s easy to look at this through a purely legal lens, but the human cost is heavy. Victims often describe a profound sense of "violation of space." It’s not just about the photo; it’s about the fact that a mundane, everyday activity—taking the train to work—was turned into a moment of victimization.
Psychologists note that this can lead to hyper-vigilance. A person might start wearing trousers exclusively or avoid public transport altogether. This "social retreat" is a common symptom of being targeted in a public space. It’s a form of harassment that leaves no physical marks but creates a massive mental burden.
We also have to talk about the digital afterlife of these images. Once a photo is taken, it often ends up on "deep web" forums or specific encrypted chat groups. This means the violation isn't a one-time event; the image can circulate indefinitely. This is why legal systems are now trying to include "distribution" as a separate, often more serious, charge than the initial act of taking the photo.
💡 You might also like: Barn Owl at Night: Why These Silent Hunters Are Creepier (and Cooler) Than You Think
What to Do If You Witness or Experience This
If you think someone is trying to take an upskirt on a train, your safety is the priority. You don't have to be a hero.
First, try to move away. If you’re on a train, move to a different carriage at the next stop. If you feel safe doing so, make it clear you know what’s happening. Perpetrators usually rely on anonymity; once they realize they’ve been spotted, they often try to flee.
Reporting is crucial. Even if the person gets away, the police can use the timestamp and your location to pull CCTV footage. In the UK, you can text the British Transport Police on 61016. In the US, most major transit authorities like the MTA or BART have their own dedicated apps for reporting "suspicious activity" which includes harassment.
Actionable Steps for Transit Safety
- Trust your gut. If someone is standing unnecessarily close in a half-empty carriage, move.
- Report instantly. Don't wait until you get home. The sooner you report, the easier it is to track the offender via station exit gates and cameras.
- Save the details. Try to remember specific clothing, the train car number (usually found near the doors), and the exact time.
- Check local laws. Know that in almost all developed countries, this is now a crime. You have the right to press charges.
The reality of an upskirt on a train is that it’s a crime of opportunity. By increasing awareness and closing the legal loopholes that previously allowed this to go unpunished, we’re slowly making public transit safer. It’s about reclaiming that public space and ensuring that everyone, regardless of what they’re wearing, can get from point A to point B without fear of being a target.
The most effective way to combat this is a combination of legislative pressure and collective vigilance. When the "creepy" behavior is labeled as a sex offense with real jail time, the risk-reward calculation for offenders changes. We aren't there yet, but the progress in the last decade has been massive. Stay aware of your surroundings, know your rights, and never hesitate to use the reporting tools provided by transit authorities.
Next Steps for Protection and Advocacy
If you want to take further action, start by downloading your local transit authority's safety app. Familiarize yourself with the "discreet reporting" features—many allow you to send a text or a photo to dispatchers without making a phone call. Additionally, support organizations like Hollaback! (now Right To Be) that provide free training on bystander intervention. Knowing exactly how to help a fellow passenger without putting yourself in danger is a powerful tool for making the commute safer for everyone. Lastly, if you are in a region where laws are still vague, contact your local representatives to ask about specific "voyeurism" protections in public transit codes.