VOYEURISMSTOCKPORT | MANCHESTER | NORTH WEST
Being convicted for voyeurism can have serious implications. Voyeurism offences can lead to a prison sentence.
If you have been charged, or invited to interview at a police station, we want to hear from you.
Call us for immediate advice by telephone on 0161 477 1121.
What IS “VOYEURISM”?
Voyeurism is an offence under section 67 of the Sexual Offences Act 2003.
The offence of voyeurism currently covers the following four types of activity:
(1) A person commits an offence if:
(a) for the purpose of obtaining sexual gratification, he observes another person doing a private act, and
(b) he knows that the other person does not consent to being observed for his sexual gratification.
(2) A person commits an offence if:
(a) 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
(b) he knows that B does not consent to his operating equipment with that intention.
(3) A person commits an offence if:
(a) he records another person (B) doing a private act, ─ 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
(b) he knows that B does not consent to his recording the act with that intention.
(4) 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).
WHAT ARE THE CONSEQUENCES OF A VOYEURISM CONVICTION?
Voyeurism – sentencing
An offence under section 67 is triable either way (i.e. in the magistrates’ court or the Crown court, depending on seriousness).
The maximum sentence on conviction in the magistrates’ court is six months and/or a fine.
The maximum sentence on conviction in the Crown court is two years imprisonment.
A key requirement of the existing section 67 offences is that the person being observed or recorded must be doing a “private act”.
This is defined in section 68 of the 2003 Act: …
(a) a person is doing a private act if the person is in a place which, in the circumstances, would reasonably be expected to provide privacy,
(b) the person’s genitals, buttocks or breasts are exposed or covered only with underwear,
(c) the person is using a lavatory, or
(d) the person is doing a sexual act that is not of a kind ordinarily done in public.
The current requirement for a section 67 offence to involve a “private act” obviously creates problems in the context of upskirting, which by its nature tends to take place when the victim is in a public place.
The Law Commission has commented that this is one reason why the relevant criminal charge would instead usually be outraging public decency:
“One difficulty is that taking intimate videos without consent (“upskirting”), as in Hamilton, will often not fall within this offence, even when done for sexual gratification. The offence requires the victim to be doing a private act, or to be in a place such as a lavatory or a changing room where some degree of exposure or nudity may occur but one can reasonably expect privacy. Neither of these conditions is fulfilled when the victim is fully dressed in a public place. For this reason, the charge brought is invariably outraging public decency”.
In certain circumstances a person convicted of a section 67 offence will be made subject to the notification requirements set out in Part 2 of the Sexual Offences Act 2003 (commonly referred to as being placed on the sex offenders register).
This only applies if:
(a) the offender is aged under 18 and has been sentenced to imprisonment for at least 12 months;
(b) in any other case, either the victim was under 18, or the offender has been sentenced to a term of imprisonment, detained in a hospital, or given a community sentence of at least 12 months.
WHY CHOOSE MORTON’S SOLICITORS
Successfully Defending An Allegation of VOYEURISM Involves…
Accusations and charges of “voyeurism” can have a profound effect on one’s life – and well-being.
That is why – whether you have been arrested, or invited to attend an interview at a police station – we want to hear from you as soon as possible.
We can represent you at the police station as well as if your case goes to court.
We are discreet and non-judgemental, and here to help. Call us on 0161 477 1121.
Our Award-Winning Criminal Offence Solicitors Handling Your VOYEURISM Case.
When dealing with Morton’s Solicitors you should know you are dealing with not only a friendly, professional team, but also an award-winning team.
Earlier this year, Morton’s Solicitors won the Crime Team of the Year 2018 at the Manchester Legal Awards.
This is a reflection of the tireless work our team provides for our clients – as well as reflection of the results we achieve.