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Who cares what I think?

The other week, I went for a meal with a friend. The food was lovely, the staff and environment welcoming and friendly and company, fabulous. A couple of days later I was thinking about that evening and I wondered why I had not felt the need to write some positive feedback on google, or similar. The answer was because I felt that I and my dining companion, had expressed our pleasure both in word and deed (the plates were clean!). Thus, the relationship between diners and restaurant staff had been overwhelmingly positive and this had been expressed by both.   

However, wherever we go nowadays, we are regularly confronted by requests for feedback; “how is my driving?”, “did you enjoy your meal?” “would you recommend our services to others”? Often these questions are accompanied by Likert scales, so we can record our opinion on almost everything. Sometimes we might take some time to consider the options, other times we might just tick random boxes, more usually (if I’m anything to go by) I just don’t engage with such requests. Despite their often-jolly appearance, these questions are not harmless, they have an impact, most usually to measure individuals’ performances.  

Whether we engage with such requests or not, we do not question whether we are well-placed to judge. So, for instance, as a driver of probably one of the smallest cars on the market (that’s me!), I’m expected to be able to mark the driver of a lorry. Or someone, who has the cooking know-how of a small child (I speak for myself again!) is expected to form an opinion on a dish prepared by a trained chef, these questions are hardly fair. More importantly, my answers are meaningless; whilst I might respond “the lorry appeared to take the corner a bit wide”, I have neither knowledge or understanding of the turning circle of a 32-tonne lorry. Similarly, my thoughts about the heat of a Bangladeshi biryani or the sweetness of a mille-feuille is neither here nor there. Given I can neither drive a lorry nor cook these wonderful dishes, who am I to voice an opinion?

Of course, there are times when it is necessary to voice an opinion, the lorry driver is behaving in a dangerous manner liable to cause an accident, or the restaurant is serving rancid or rotten food; both scenarios likely to involve serious harm. However, these concerns would need to be raised immediately, either by alerting the police (in the case of the lorry) or the management of the restaurant. In the case of the latter, you may also feel it necessary to contact environmental health if you felt that your complaint had not been addressed or you had concerns about the hygiene of the restaurant in general. However, these types of problems are largely outside the feedback requested.

In many of the scenarios/environments we are asked to comment on, we are in a relationship with the other party. Take the restaurant; if I am friendly and polite to the staff, I can expect a reciprocal relationship. If I am rude and aggressive, is it any wonder staff behave in a different way. They are constrained by their professions to focus on customer service, but this should not lay them open to abuse. Whilst the old adage “the customer is always right” might be an excellent baseline, it is not possible for this always to be the case. As someone who has spent a previous lifetime working in retail, sometimes the customer can be obtuse, rude or even downright, ignorant and abusive.  Adherence to such an adage, at all costs, can only open the way for abuse.

But what about those feedback forms? On a bad day, in a rash moment, or because I’m bored, I decide to complete one of these forms. The waiter kept me waiting, the food was too spicy, I didn’t like the feedback I was given on my job application, my essay was critiqued, my teeth haven’t been flossed regularly, I didn’t like the book recommended to me by the librarian or the book seller, I can’t believe my line manager has turned down my application for annual leave. I can easily demonstrate my unhappiness with the situation with a few judiciously placed ticks, circles or smiley/sad faces. Can I say the waiter, the chef, the HR professional, the lecturer, the dentist, the librarian, the book seller and my line manager are performing poorly? Can I say they are unprofessional, unprepared, untrained, lacking in knowledge or skills or just plain wrong? And if I do, is that fair or just? Furthermore, am I happy to be subject to the same judgement from people who do not share my experiences; professional or otherwise? Remember too much of this bad feedback, however flippant and lacking in evidence it may be, may lead to disciplinary action, including dismissal.

There is an oft-cited, albeit crude, truth: “Opinions are like arseholes; everyone has one”! Ultimately, whether we choose to share (either) in public is up to us! Think carefully before ticking those boxes and encourage others to do the same. Who knows, someone may well be ticking boxes about you!

Upskirting: A new criminal offence but will the legislation do the job?

blog 08-18

Upskirting for anyone who has not come across the term is the act of taking unauthorised pictures under a skirt or kilt to capture images of the crotch area and sometimes genitalia. It tends to happen in crowded public places making it difficult to spot when it is happening. The resulting images are often distributed on the internet, usually interlinked with pornographic or fetish sites and present a multitude of moral and legal issues surrounding privacy, decency and consent. In some instances, the victim is identifiable from the image but in many they are not and are often unaware that such images even exist. This type of behaviour is not new but the development of technology, most notably camera phones has facilitated the practice as has the ability to share these images online. In England and Wales there is currently no specific legislation banning such action because voyeurism only covers private spaces and outraging public decency requires a witness. As such, when victims of upskirting come forward there is currently little scope for prosecution although some successful prosecutions have occurred under the offence of outraging public decency.

Gina Martin, a freelance writer and victim of upskirting launched a campaign to get upskirting recognised as a specific crime and punishable under the Sexual Offences Act. This campaign has gained considerable momentum both publicly and politically and in March 2018 the Voyeurism (Offence) Bill was presented to the House of Commons. The bill was blocked by the objections of one MP on the grounds that there had been a ‘lack of debate’ and thus a breach of parliamentary procedure. The backlash to this objection was interesting, rather than acknowledging that this is a serious issue worthy of parliamentary debate a humiliating and somewhat bullying approach was taken in the form of ‘pants bunting’ being hung outside of his Commons office. While I might not agree with some of the past actions of this MP his argument that new laws need to be debated if we (the UK) are to stand up for freedom and democracy is an important one. Upskirting is a serious breach of privacy and decency and therefore needs proper debate if the resulting legislation is going to be more than a knee-jerk reaction to public outrage. Such legislation often results in the need for multiple revisions in order for it to efficiency and effectively tackle such behaviour. For example, the proposed burden of proof in the original bill alongside the limited scope of the bill[1] would likely have limited prosecutions rather than facilitating them. Unfortunately, with just three months between the original bill and the revised Voyeurism (Offences) (No.2)) Bill, which was successfully introduced to the House of Commons in June 2018, the extent to which sufficient informed debate has occurred remains questionable.

[1] See the comments by Clare McGlynn (professor at Durham University) in Sabbagh and Ankel (2018) Call for upskirting bill to include ‘deepfake’ pornography ban. The Guardian [online] Available at: https://www.theguardian.com/world/2018/jun/21/call-for-upskirting-bill-to-include-deepfake-pornography-ban. [Accessed: 17 August 2018].

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