VOYEURISM

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Voyeurism is a criminal offence under Section 67 of the Sexual Offences Act 2003, and it encompasses a range of behaviours where someone observes or records another person doing a private act without their consent, for the purpose of sexual gratification.

The law defines a private act as a situation where a person reasonably expects privacy—typically involving:

• Exposure of genitals, buttocks, or breasts (including through underwear)
   
• Use of a toilet
   
• Engaging in a sexual act not ordinarily done in public
   

If a person is watched, photographed, or recorded in such circumstances without their consent, it can amount to voyeurism if it is done for sexual purposes.

In 2019, the law was strengthened with the Voyeurism (Offences) Act 2019, which introduced a specific offence for upskirting.

Upskirting refers to the act of placing equipment—such as a camera or smartphone—beneath someone’s clothing without their knowledge or consent to capture images of their genitals, buttocks, or underwear. This applies regardless of the clothing being worn—skirts, dresses, kilts, trousers, or shorts.

Offenders often carry out this act in busy public settings, such as:

• Public transport
   
• Music festivals
   
• Shopping centres
   
• Nightclubs
   

Previously, prosecutions had to rely on older legal provisions such as Outraging Public Decency or general voyeurism offences. However, these did not cover all scenarios—particularly where the incident took place in private or where no member of the public was likely to witness it.

The 2019 legislation closes those gaps, allowing prosecutors to pursue cases more effectively.

Voyeurism offences are triable either way—which means they can be heard in either the Magistrates' Court or Crown Court depending on seriousness.

Penalties can include:

• Up to 2 years in prison
   
• Being placed on the Sex Offenders Register
   
• Possible Sexual Harm Prevention Orders (SHPOs)
   
• Long-term damage to reputation, career, and personal life
   

In more serious or repeat cases, custodial sentences are highly likely—especially where the offence was planned, covert, or involved distribution of images.

Defending a charge of voyeurism or upskirting involves close scrutiny of:

• The intent behind the behaviour (e.g., was it for sexual gratification?)
   
• Whether the person had a reasonable expectation of privacy
   
• Issues of mistaken identity, digital manipulation, or false allegation
   
• Lawfulness of searches and seizure of personal devices
   
• Context—for example, prank videos or accidental recordings
   

Because of the nature of the offence, police will often examine phones, cloud backups, and message histories in detail.

If you have been arrested, charged, or are under investigation for voyeurism or a related offence, it is essential to seek legal representation immediately. These are complex, reputation-damaging allegations, and how you respond in the early stages can shape the outcome of the case.

Our team specialises in defending sexual offences, including digital and online cases. We will protect your rights, guide you through the process, and build the strongest possible defence.