What is Voyeurism?
In legal terms recording or watching someone during a private act is classed as voyeurism. For the act to be an offence the watching or recording must always be non-consensual. That is the person that is being watched or recorded does not know that it is happening.
Is Voyeurism Illegal?
Yes, voyeurism is illegal and a crime under not one but two UK acts – the Voyeurism Offences Act 2019, and the Sexual Offences Act 2003.
Voyeurism under the Sexual Offences Act 2003
Under the Sexual Offences Act of 2003, section 67, voyeurism is described as observing or recording someone in a private act to which they have not given consent, to gain sexual gratification. The private act does not need to be a sexual one, it could be something as simple as undressing.
Voyeurism under the Voyeurism Offences Act 2019
The more recently updated Voyeurism Offences Act 2019 deals with a range of circumstances that could be considered Voyeurism under the law. This act includes ‘upskirting’ – a type of voyeurism done in public where videos or pictures are taken underneath a person’s clothing without their content.
What Is The Sentence For Voyeurism?
The sentence those convicted of voyeurism may receive is dependent on how serious the offence is. The severity of an offence is based on categories set out in the Sexual Offences Act 2003 which you can see below;
Category 1
- Raised harm and culpability
- Starting point – 26 weeks’ custody
- You could be imprisoned for 12-18 weeks
Category 2
- Raised harm or raised culpability
- Starting point – High-level community order
- You could receive anything from a medium-level community order to 26 weeks in prison
Category 3
- Voyeurism without raised harm or culpability factors present
- Medium-level community order
- You could receive anything from a band A fine to a high-level community order
An upskirting offence under the Voyeurism Offences Act
- Will always go to trial
- Summary conviction with a maximum sentence of up to one year in prison and/or a fine
- If found guilty in the Crown Court and be imprisoned for up to two years.
Work with J D Solicitors to maximise the chance of a positive outcome in your Voyeurism case.
If you have been charged with a Voyeurism offence working with a lawyer who regularly defends these cases in court is crucial. You will need legal representation that can be there for you at every stage of the proceedings including being on call for emergencies 247/365 to come and provide counsel at the police station, as well as your court appearances.
Also, when charged with a Voyeurism offence acting fast can help ensure the most positive outcome for your case. After all, anything you say or do while under caution can be used against you in a court of law.
To that end, if you need assistance with a Voyeurism charge or any other criminal matter contact our dedicated and tireless criminal law experts today at the numbers below:
Birmingham: 0121 674 4100
Willenhall: 01902 632 123
Emergency line: 07971 194 042
