What is Voyeurism?

Voyeurism refers to the act of secretly recording a person or observing them engaging in intimate behaviors, without consent.

The law targets individuals who observe others for sexual gratification without permission.

Examples of voyeurism could involve, setting up equipment/recording or watching –

• A person undressing or observing them fully clothed;
• A person bathing or being naked;
• A person engaging in another activity of a sexual or a private nature.

It is also an offence to share or distribute recordings taken secretly of other people and obtained without their permission.

The legislation for this type of offence is covered under section 67 of the Sexual Offences Act 2003.

Voyeurism Offences

S.67 (1) SOA 2003 provides:

A person commits an offence if—

1. for the purpose of obtaining sexual gratification, he observes another person doing a private act, and
2. he knows that the other person does not consent to being observed for his sexual gratification.

S.67 (2) SOA 2003 provides:

A person commits an offence if –

1. he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and
2. he knows that B does not consent to his operating equipment with that intention.

S.67 (3) SOA provides:

A person commits an offence if—

1. he records another person (B) doing a private act,
2. he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and
3. he knows that B does not consent to his recording the act with that intention.

S.67 (4) SOA provides:

A person commits an offence if he installs equipment or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1).

A person is also guilty of attempting to commit an offence if he does an act which is more than merely preparatory, this is covered under the Criminal Attempts Act 1981.

It is important to note than victims of these types of offence will be entitled to automatic anonymity for life.

Sentencing Voyeurism Offences

Voyeurism is an offence that is triable either-way which means it can be heard in the Magistrates’ Court or the Crown Court depending on the seriousness of the nature of the circumstances.

If a person is found guilty on summary conviction, that is to say, at the Magistrates’ Court, he is liable to a term of imprisonment not exceeding six months or to a fine or both.

For less serious offences, the court could impose a community order which could include unpaid work, treatment programs or supervision. An offender may also be required to sign the Sex Offenders Register known as notification requirements. For offences where there are multiple victims and/or recording were distributed, the penalties can be much more severe.

If a person is found guilty on indictment, that is to say, at the Crown Court he is liable to a term of imprisonment not exceeding two years.

However, the above does not cover all instances and an additional offence of upskirting has been created.

What is Upskirting?

Upskirting is an offence where someone takes a picture under a person’s clothing without their permission, with the intention of viewing a person’s genitals.

Examples of upskirting could involve placing a mobile phone underneath a person’s clothes to record or take a photograph without a person’s consent. Upskirting is not confined to taking pictures up a person’s skirt, as the terminology suggests, but could include filming down someone’s top or pants to take voyeuristic shots.

This type of offences is usually committed in busy public places where it can be difficult to detect.

Sentencing Upskirting Offences

The law targets people who intend to obtain sexual gratification, cause alarm, humiliation and distress and if found guilty, a person could face up to two years in prison and be made subject to being placed on the Sex Offenders Register.

How can Olliers help?

It is important to seek legal advice if faced with an offence of this nature as the penalties can be severe and there may be possible defences to explore.

Olliers has substantial experience in defending sexual allegations including voyeurism and upskirting.

If you are facing an allegation involving any kind of sexual offence please contact our new enquiry team on 020 883 6790 (London) or 0161 834 1515 (Manchester), email info@olliers.com or complete the web enquiry form below.