Voyeurism and Upskirting Solicitors

What Is Voyeurism?

Voyeurism is a sexual offence that involves intentionally watching or recording another person carrying out a private act, without their consent and with the purpose of obtaining sexual gratification. Under Section 67 of the Sexual Offences Act 2003, this can include observing someone, operating equipment to enable another person to observe them, or recording or installing equipment with the intention of recording a private act. 

Section 68 defines a “private act” as an activity that a reasonable person would expect to be carried out in privacy, including being naked, bathing, using the toilet or engaging in sexual activity. While these acts will usually take place somewhere a person has a reasonable expectation of privacy, such as a bedroom, bathroom or changing room, voyeurism can occur in a range of public or private locations. Examples of alleged voyeuristic behaviour can include watching someone through a window, installing a hidden camera in a toilet or bathroom, or secretly filming someone having sex without their knowledge or consent. 

What Is Upskirting?

Upskirting offences involve taking photographs or videos of someone’s genitals or buttocks under their clothing without their knowledge or consent, with the purpose of obtaining sexual gratification or causing that person harm or distress. Despite the term ‘upskirting’, these offences are not limited to women wearing skirts or dresses and can apply to images taken of men and women wearing various items of clothing, such as kilts, shorts or trousers.

Until recently, upskirting was not recognised as a separate offence. It was only following the introduction of the Voyeurism (Offences) Act 2019 that Section 67A was added to the Sexual Offences Act 2003, which created two specific upskirting offences:

• Section 67A (1): Operating equipment beneath another person’s clothing with the intention of viewing, or enabling someone else to view, their genitals and buttocks constitutes an upskirting offence where the purpose is to cause distress or obtain sexual gratification.
• Section 67A (2): This offence involves recording an image beneath another person’s clothing where there is an intention to view, or allow another person to view, their genitals or buttocks. This applies whether or not those private parts are covered by underwear.

This legislation does not restrict the type of equipment that can be used to commit an upskirting offence; cameras, phones and other digital devices capable of recording images all fall within its scope. This deliberately broad wording allows the law to remain applicable as technology develops and new forms of recording equipment become available.

What Is Downblousing?

Downblousing refers to taking photographs or videos down a person’s top or blouse without their consent, with the intention of viewing or recording parts of their body that they would reasonably expect to remain private. Much like upskirting offences before the introduction of the Voyeurism (Offences) Act 2019, downblousing is not currently recognised as a specific statutory offence. However, the police may still seek to prosecute such conduct under existing laws, including for outraging public decency or, where applicable, Section 67 voyeurism charges.

What Are Attempts at Voyeurism?

In some cases, an offender may be charged with an attempted voyeurism or upskirting offence where there is sufficient evidence that they intended to commit the offence and took steps towards carrying this out, even if they were ultimately unsuccessful. Under Section 1 of the Criminal Attempts Act 1981, a person is guilty of attempting to commit an offence where they carry out an act that is ‘more than merely preparatory’ to committing the offence. 

This means that, while simply planning to commit an offence may not amount to an attempt, taking action beyond initial preparation could still be prosecuted. In the context of voyeurism and upskirting offences, these actions could include positioning yourself to record a private act, attempting to use your camera or phone to capture an image, or taking steps to install recording equipment.

Sentencing for Voyeurism and Upskirting Offences

The sentences imposed for voyeurism and upskirting offences depend on the circumstances of each individual case, with the court considering a range of factors to determine the seriousness of the crime. These factors include the intention behind the act, the level of distress or harm caused to the victim, whether equipment was used and images were recorded, the degree of planning involved, and whether the offender has previous convictions. 

The maximum sentence for voyeurism and upskirting offences is two years’ imprisonment, although less serious cases may result in a fine, community order or suspended custodial sentence. Convictions of this nature frequently result in notification requirements, commonly referred to as being placed on the Sex Offenders Register. Where deemed necessary, the court may impose a restraining order to protect the victim, while community orders may include requirements designed to address offending behaviour and support rehabilitation.

Defences Against Voyeurism and Upskirting Allegations

Being accused of voyeurism or an upskirting offence can have serious and immediate consequences, with the threat of a custodial sentence causing significant disruption to your personal and professional life. The impact of conviction can be felt long after your sentence has been served, as being on the Sex Offenders Register would undoubtedly place restrictions on international travel and your future employment prospects.

In light of these consequences, it is critical to instruct an experienced voyeurism solicitor at the earliest opportunity, so that the circumstances of the allegation and evidence gathered by the police can be properly examined. Being involved in your case from the outset allows your voyeurism defence lawyer to identify weaknesses in the prosecution’s case and begin building an appropriate defence in your favour. This could include:

• Lack of intent: The prosecution must establish the intention behind the alleged voyeurism or upskirting offence, making any evidence that explains the context surrounding your actions central to your defence.
• Lack of evidence: An allegation alone is not sufficient to establish guilt, and the prosecution must be able to prove the offence occurred beyond reasonable doubt. Where there are inconsistencies in witness accounts, insufficient digital evidence or other gaps in the case, these may provide grounds to challenge voyeurism charges.
• Reasonable belief in consent: Depending on your understanding of the situation surrounding the alleged offence and any evidence in support of your account, your voyeurism and upskirting solicitor may be able to argue that you reasonably believed that the complainant had consented to the conduct in question. 
• Mistaken identity: Where the identity of the person responsible is disputed, evidence such as CCTV footage, witness accounts, mobile phone data or other digital evidence may be examined. 
• Procedural error: In some cases, police errors or other procedural irregularities may provide grounds for challenging the admissibility or reliability of evidence. 

Specialist Support from Voyeurism Defence Lawyers

Facing allegations of voyeurism or upskirting can be extremely stressful, with fears of saying or doing the wrong thing during an investigation leaving you uncertain about how to respond and worried that you may inadvertently damage your defence. At Newtons Solicitors, we have two decades of experience supporting clients through cases of this nature, providing clear legal advice at every stage. From police interviews through to the conclusion of your case, our voyeurism defence lawyers can protect your interests, provide clarity on your legal position and help you make informed decisions about how to proceed.

• Representation at the police station: Whether you have been arrested or are attending a voluntary interview, your voyeurism solicitor will accompany you to the police station and advise you throughout your interview. This way, we can ensure that you understand the allegations and are properly advised before responding to questions.
• Scrutinising digital evidence: Digital evidence can be central to voyeurism charges, with photographs, videos, device data and other material potentially providing vital evidence about your involvement in the alleged offence. We will examine this evidence closely to establish what it actually shows and identify any inconsistencies in the prosecution’s case.
• Challenging context and intent: Where appropriate, we will challenge the prosecution’s interpretation of the context surrounding their accusation, disputing the intention they have attributed to you.
• Support with communication: Communicating with the police, courts and other parties during investigations of this nature is fraught with potential pitfalls, making it vital to consult with your trusted solicitor to ensure that your position is represented accurately. 

For more information about the support provided by our committed voyeurism and upskirting solicitors, or to discuss the circumstances of your case and share any wider context that you believe may be relevant to your defence, please contact us today to arrange a confidential consultation with a member of our team. 

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