Member

The second improvement to which I hope the House will agree is to remove the “reasonable excuse” defence that is included in the Government’s Amendment 2, under new Section 66E(5). Amendment 5 from the noble Baroness, Lady Owen, would remove the reasonable excuse defence. The reason I support her on this is that I can see no circumstances in which there could be a reasonable excuse for the defendant’s conduct if the prosecution proves, as it must, the elements of this offence. Those elements, as defined perfectly properly by the Government, are that the defendant has intentionally created “a purported intimate image” of the victim; that they have done so when the victim has not consented; and that the defendant “does not reasonably believe” that she has consented. The prosecution has to prove all of that.