Voyeurism and Up-skirting Offences

Being under investigation or charged with a voyeurism offence can cause feelings of stress, anxiety and embarrassment. Our specialist sexual offence lawyers represent clients each day accused of voyeurism and can help you to understand and navigate the legal issues that can arise in such cases.

Accused of Voyeurism, What Does This Mean?

Voyeurism offences were created by the Sexual Offences Act 2003, section 67. The law makes it an offence for a person for the purposes of sexual gratification to observe another, without their consent, doing a private act.

It is also an offence under section 67(2) for a person to operate a equipment with the intention of enabling another person to observe a private act for the purposes of their sexual gratification, without the consent of the person that they are viewing.

If you have been accused of a voyeurism offence your electronic devices are likely to have been seized by the police for a forensic examination, leaving you with a feeling of uncertainty as to what is likely to happen next and how long the police investigation will take. Our lawyers work closely with our clients and liaise with the police with a view to removing this uncertainty in cases like voyeurism, where the investigation can take a considerable amount of time.

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Up-skirting Allegations

In 2019 the Voyeurism (Offences) Act 2019 inserted two specific offences of voyeurism into the Sexual Offences Act 2003. These laws were made to cover specific types of voyeurism, particularly the use of electronic equipment underneath peoples clothing.

Section 67(a)(1)

This section criminalises offenders who operate equipment (irrespective as to whether an image is recorded) under another person’s clothing (without that person’s consent or a reasonable belief in their consent) with the intention of viewing, or enabling another person to view, their genitals or buttocks (with or without underwear), in circumstances where the genitals, buttocks or underwear would not otherwise be visible, where the purpose is to obtain sexual gratification or to cause humiliation, distress or alarm.

Section 67(a)(2)

This section criminalises offenders who record an image beneath the clothing of another person’s clothing (without that person’s consent or a reasonable belief in their consent) with the intention of viewing, or enabling another person to view, their genitals or buttocks (with or without underwear), in circumstances where the genitals, buttocks or underwear would not otherwise be visible.

Will I Go To Prison For a Voyeurism Offence?

Voyeurism and up skirting offences carry a maximum sentence of two years imprisonment. The offences are either-way offences and can be heard by both the Magistrates' Court and the Crown Court. When sentencing a defendant the court would take into consideration aggravating and mitigating features so that the personal circumstances of the defendant and the facts of the case put the sentence into the appropriate bracket. The features taken into consideration consist of but are not limited to those below.

Thorough preparation for sentence is required to give you the best chances of avoiding a prison sentence when convicted of a voyeurism offence.

Aggravating Features

· Location of offence

· Timing of offence

· Failure to comply with current court orders

· Offence committed whilst on licence

· Distribution of images, whether or not for gain

· Placing images where there is the potential for a high volume of viewers

· Period over which victim observed

· Period over which images were made or distributed

· Any steps taken to prevent victim reporting an incident, obtaining assistance and/or from assisting or supporting the prosecution

· Attempts to dispose of or conceal evidence

Mitigating Features

· No previous convictions or no relevant/recent convictions

· Remorse

· Positive character and/or exemplary conduct (regardless of previous convictions)

· Age and/or lack of maturity (which may be applicable to offenders aged 18-25)

· Mental disorder or learning disability, particularly where linked to the commission of the offence

· Demonstration of steps taken to address offending behaviour

· Physical disability or serious medical condition requiring urgent, intensive or long-term treatment

· Difficult and/or deprived background or personal circumstances

· Prospects of or in work, training or education

Sentencing Guidelines

How Can Eventum Legal Help You

Being accused of voyeurism can be devastating and often causes the accused much embarrassment. We are here to help you, and to assist you in navigating your way through a police investigation or court proceedings, offering the very best advice and support.

We will begin my discussing your case and personal circumstances during out initial consultation which will enable us to plan a way forwards for your case. Upon instruction our team will obtain your cases papers from the police, CPS and or previous solicitors. We can then consider the evidence provide our tailored advice and begin working on defending your position.