A Rise in Sexual Offences on Public Transport
In December 2025, Transport for London announced that the number of reported sexual offences on the London Underground has reached its highest level in 5 years. 595 sexual offences were reported across all Tube lines in 2024-2025, the highest level since 2019-2020, where 776 incidents were reported. Many have expressed concerns that women’s safety on public transport is not being taken seriously.
A clear issue is that some incidents sit in a legal grey area where it may not be immediately clear to victims whether a crime has occurred. Due to this, it’s important to know what behaviours are crossing a legal boundary when on public transport.
Certain actions, such as sexual touching, are clearly illegal. However, others may not be as widely recognised as criminal offences, meaning that alleged offenders may be unaware of the serious consequences they may face.
Upskirting
Upskirting is the act of positioning a camera or mobile phone beneath a person’s clothing, aiming to capture images of their genitals, buttocks or undergarments without their consent. This offence is often committed on public transport.
Despite the name, this act is not limited to individuals wearing skirts or dresses and applies regardless of clothing or gender identity.
Under the Voyeurism (Offences) Act 2019, upskirting can include:
- Individuals who use equipment beneath someone’s clothing, whether recorded or not.
- Individuals who record images beneath someone’s clothing without consent.
Both offences include an intent to derive sexual gratification or cause humiliation, alarm or distress.
A conviction for upskirting in the Magistrates’ Court may result in a prison sentence of up to 6 months and/or a fine, or up to two years in prison if the case is heard in the Crown Court. Some individuals may be required to adhere to notification requirements on the Sex Offender’s Register.
Individuals will not be charged with upskirting if the images or recordings do not specifically focus on someone’s genitals or buttocks. However, depending on the nature and intent of the photos, they may face other charges such as common assault or stalking and harassment.
Voyeurism breastfeeding
Under the Sexual Offences Act 2003, voyeurism breastfeeding is when a person operates equipment to enable themselves or someone else to observe a victim breastfeeding without the victim’s consent.
It must be proven that the offender intended to obtain sexual gratification for themselves or for another, or that they intended to humiliate, alarm or distress the victim.
It is irrelevant:
- Whether the victim’s breasts were exposed in the recording
- What part of the victim’s body the offender intended to be visible in the recording
- What part of the victim’s body intended to be observed
If convicted, the maximum sentence for voyeurism breastfeeding is 2 years’ imprisonment.
Indecent exposure on public transport (flashing)
Indecent exposure, or more colloquially referred to as ‘flashing’ is a sexual offence under the Sexual Offences Act 2003. Indecent exposure is when someone deliberately exposes their genitals with the intention of causing fear or distress. A charge of indecent exposure relies on specific intent, meaning that the exposure must be deliberate and intended to shock or upset others.
Incidents of indecent exposure rely heavily on context, witness accounts and intent. CCTV and passenger testimony can make proving that an incident occurred straightforward but establishing intent is frequently the most contested element.
A conviction for indecent exposure can result in custodial sentences of up to two years, as well as potential community orders, fines and in some cases mandatory registration on the Sex Offender’s Register.
Outraging public decency
An offence of outraging public decency must be considered instead of indecent exposure if:
- The purpose of the exposure was to obtain sexual gratification rather than intending that someone will see and be caused alarm/distress; or
- If there is not enough evidence to definitively prove that the individual was exposing themselves.
Outraging public decency is a common law offence which criminalises an act that is lewd, obscene or disgusting in the presence of at least two members of the public. It is an either-way offence, meaning that it can be heard in either the Magistrate’s Court or the Crown Court.
At the Magistrate’s Court, individuals may face a six-month prison sentence, a fine or both, but if the matter is heard at the Crown Court, the penalties can be much more severe. This includes being placed on the Sex Offender’s Register if the Court determines that the incident was inherently sexual or intended for sexual gratification.
Cyberflashing
Cyberflashing is a criminal offence under the Online Safety Act 2023. It refers to the unsolicited sending of explicit images or videos of a sexual nature to individuals via digital communication channels such as text messages and social media, or via Bluetooth/Wi-Fi enabled channels such as Airdrop or Quick Share.
If a picture is or video is placed somewhere for others to see, such as on someone’s phone on public transport, this is also classed as cyberflashing. This behaviour often occurs without the recipient’s consent, causing distress and discomfort.
The difference between cyberflashing and indecent exposure (flashing) is the way in which the offences are carried out and the medium through which they occur. Since cyberflashing can occur entirely remotely, such as via Airdrop on a train or bus, often the perpetrator remains anonymous, making it more difficult to identify and apprehend them.
A conviction for cyberflashing can lead to a sentence of up to 2 years’ imprisonment. While conviction does not automatically place someone of the Sex Offender’s Register, any term in prison or a community order for a sexual offence lasting at least 12 months will lead you to being subject to notification requirements.
Inappropriate touching and sexual assault by touching
Under UK law, sexual assault by touching occurs when:
- Touching is intentional
- The touching is sexual in nature
- The other person does not consent
- There is no reasonable belief that consent was given
Importantly, the law makes clear that skin-on-skin contact is not required. Touching can occur through clothing, with any part of the body, or even with an object.
On crowded public transport, accidental contact can and does happen. But for a criminal offence to be proven, the touching must be intentional and sexual. Where this threshold is met, offences are often dealt with in the Crown Court and in the most extreme cases can carry lengthy prison sentences, particularly depending on the age of the victim or where the victim is considered particularly vulnerable.
When it comes to prosecuting cases of sexual touching, proving that the intention behind the touching was sexual is key. Under the Sexual Offences Act 2003, touching is considered sexual if a reasonable person would consider it to be sexual based on:
- The nature of the touching
- The purpose of the accused’s actions
Proving that the incident occurred can be corroborated by CCTV or passenger testimonies but establishing the accused’s intent can make matters more complicated. The sentence for sexual assault by touching will depend on the specific circumstances of the incident, however the maximum sentence is 10 years’ custody.
Watching pornography on public transport
Although watching pornography itself is it not a criminal offence, watching pornography on public transport, such as on a bus, train or tram can be an offence of outraging public decency.
Outraging public decency applies if a person commits a lewd, obscene or disgusting act in the presence of at least two members of the public. The offence applies even if those members of the public didn’t actually witness the behaviour, provided there was a reasonable chance they could have. Proving the incident occurred will rely heavily on passenger testimony or any CCTV footage if applicable.
Currently, there are no set sentencing guidelines specifically for watching pornography on public transport, but Courts will take into account the severity of the individual circumstances, as well as any aggravating factors, such as the presence of children or if the pornography viewed itself is illegal. Individuals may be placed on the Sex Offender’s Register if the Court determines that the incident was inherently sexual or intended for sexual gratification.
Making unsolicited sexual gestures or comments (catcalling)
Making unsolicited sexual gestures or comments (commonly referred to as catcalling) is a public order offence under the Public Order Act 1986. Where an incident of catcalling occurs involving insulting or abusive words/behaviour but no physical touch, this can be classed as harassment. A charge of harassment can fall into one of the following two categories:
Intentional harassment, alarm or distress
This offence is committed when a person uses threatening, abusive or insulting words or behaviour with an intention to cause harassment, alarm or distress to a specific victim. This can include single incidents involving sexually threatening, abusive or insulting words or behaviour directed to a stranger on public transport, i.e. catcalling.
For the offence to apply, proving the effect on the victim is essential. This can include evidence from the victim directly or from another person who witnessed the effect. If convicted of this offence, the maximum sentence is 26 weeks’ custody.
Harassment, alarm or distress
This offence could be appropriate for a single, less serious incident of sexually threatening or abusive words/behaviour, or disorderly behaviour directed towards a stranger on public transport. Disorderly behaviour can include unwanted sexual comments directed towards a stranger in public where it’s not possible to prove that the perpetrator had an intention to cause harassment, alarm or distress.
For the offence to apply, it is enough if the abusive words are said within the hearing or sight of a person likely to be caused harassment, alarm or distress. The maximum sentence on conviction is a level 3 fine.
How can Lawtons help you?
At Lawtons, our specialised team of solicitors, focused on sexual offence cases, stands ready to ensure a thorough and professional evaluation of every aspect of your situation. We offer expert counsel, including advice on whether to cooperate with police investigations related to your case and a comprehensive review of any examinations conducted by law enforcement. Our deep expertise and proven track record position us to diligently pursue the most favourable resolution possible on your behalf.
If you require more information regarding legal proceedings involving sexual offences on public transport, or wish to discreetly discuss the specifics of your case, please feel free to reach out to us.
