What is voyeurism and is it a crime?
It is often obvious whether certain actions are considered to be a crime. However, there is often some misunderstanding over whether the act of voyeurism falls into this category.
For many people, voyeurism may not be a term with which they are familiar. It is therefore important to understand exactly what it is, especially if you are being accused of a voyeurism crime.
In this post, we discuss what voyeurism is and why it is considered a crime in the UK, as well as additional matters such as the relevant sentences and what the Voyeurism Offences Act is.
What is voyeurism?
Voyeurism refers to the act of gaining sexual arousal or gratification from watching or recording someone during a private act. For an act to be considered to be voyeuristic, it must be non-consensual (the person must not be aware that they are being watched or recorded).
What is a voyeuristic disorder?
It is important to distinguish that voyeurism itself is not a disorder. However, if someone becomes distressed and distracted by their inability to function due to their urges and fantasies, or acts on the urges with a non-consenting person, this could be considered a disorder.
Is voyeurism a criminal offence?
Yes. Both the Sexual Offences Act 2003 and the Voyeurism Offences Act 2019 clarify that voyeurism is a criminal offence in the UK. These two Acts focus on slightly different aspects, but both can apply in their own right.
What does the Sexual Offences Act say about voyeurism offences?
Section 67 of the Sexual Offences Act 2003 outlines that a voyeur criminal offence will include gaining sexual gratification from:
- Observing someone in a private act
- Recording someone in a private act
- Installing a recording device with the intention of recording someone in a private act
In this context, a ‘private act’ does not have to involve a direct sexual act. It could involve anything that a reasonable person would do in private, such as being naked. As mentioned previously, no consent for this act can be given.
What does the Voyeurism Offences Act say about voyeurism crime in the UK?
The Voyeurism Offences Act 2019 provides a range of other criteria under which someone could be charged with a voyeurism crime.
If an offence is committed under the Voyeurism Offences Act, it must meet the following criteria:
- The offender records or operates equipment underneath the clothing of someone else
- The recording is specifically aimed at the genitals, buttocks, or underwear
- No consent is provided
- The aim of the act is of sexual pleasure or gratification
The act focuses closely on ‘upskirting’ which is a variation of voyeurism. It refers to taking pictures or recording videos underneath a person’s clothing, usually in public.
The Voyeurism (Offences) Act 2019 amended the Sexual Offences Act 2003 by inserting section 67A. Section 67A includes additional voyeurism offences.
Section 67A(1) criminalises offenders who operate equipment (irrespective as to whether the image is recorded) under another person’s clothing (without the person’s consent or a reasonable belief in their consent), with the intention of viewing , or enabling another person to view, their genitals or buttocks (with or without underwear), in circumstances where the genitals buttocks or underwear would not otherwise be visible, where the purpose is obtain sexual gratification or to cause humiliation, distress or alarm.
Section 67A(1) is particularly useful where the behaviour has been witnessed but where it has not been possible to recover the device used or the actual images.
Section 67A(2) criminalises offenders who record an image beneath the clothing of another person (without the person’s consent or a reasonable belief of their consent) with the intention of viewing, or enabling another person to view, their genitals or buttocks (with or without underwear), in circumstances where the genitals, buttocks or underwear would not otherwise be visible.
Where images have been recovered it is preferable that Section 67A(2) as it avoids any dispute about what the offender may have been to observe when they carried out this behaviour.
What is a ‘Peeping Tom’?
A ‘peeping Tom’ is a colloquial term used to describe a voyeur. A ‘peeping Tom’ will usually be used to refer to someone who often looks through windows, holes in walls and other openings for the purpose of gaining sexual gratification from watching people engage in sexual intercourse, sexual acts, undressing or other private acts.
What is the sentence for voyeurism?
The sentence you could receive if you are charged with a voyeur criminal offence will vary depending on a number of circumstances.
If you are charged with a voyeurism crime under the Sexual Offences Act 2003, court will determine the offence category using the following categories:
- Category 1 – Raised harm and raised culpability
- Category 2 – Raised harm or raised culpability
- Category 3 – Voyeurism without raised harm or culpability factors present
Factors which would indicate ‘raised harm’ include:
- The image(s) are available to be viewed by others
- The victim was observed or recorded in their own home or residence
Factors which would indicate raised culpability include:
- A significant degree of planning
- An abuse of trust
- Images being recorded
- Targeting of a vulnerable person
- Commercial exploitation and/or motivation
- Voyeurism offence racially or religiously aggravated
- Offence is motivated by hostility towards a victim’s sexual orientation (or presumed sexual orientation) or transgender identity (or presumed transgender identity)
- Offence is motivated by hostility towards a victim’s disability (or presumed disability)
The range of sentences based on these categories is as follows:
- Category 1
- Starting point – 26 weeks’ custody
- Category range – 12 weeks’ to 18 months’ custody
- Category 2
- Starting point - High level community order
- Category range – Medium level community order to 26 weeks’ custody
- Category 3
- Starting point – Medium level community order
- Category range – Band A fine to high level community order
If you are found guilty of an upskirting offence under the Voyeurism Offences Act, this will be triable either way. You may be handed a summary conviction with a maximum sentence of up to one year in prison and/or a fine, or you could be found guilty in the Crown Court and be imprisoned for up to two years.
You can find out more about the sentencing guidelines for voyeurism offences here.
Should you speak to a solicitor if you are accused of voyeurism?
The short answer to this question is always yes, absolutely. No matter what the circumstances may be, and even if you know that you are not guilty of committing a voyeur criminal offence, it is critical that you instruct legal counsel at the earliest opportunity.
As discussed above, the sentencing guidelines for voyeurism are incredibly harsh, which means that it is the advice and guidance of a solicitors specialising in sexual offences is extremely important.
If you have been arrested and are being interviewed by the police for a voyeurism offence, you need to make sure that you understand your legal rights and what actions may ultimately harm your legal defence. It is unfortunately the case that many people mistakenly assume that speaking to a solicitor will signify guilt in some way, but this is not at all accurate.
At JD Spicer Zeb, our voyeurism solicitors have substantial expertise in advising on these types of offences and will be available to lend their support and advice. We will take very possible step to ensure that your rights are protected and that you achieve the best possible outcome – whether that involves avoiding conviction or reducing penalties where this is not possible.
We can also make sure that any appropriate medical reports, such as a psychological evaluation, is properly collated and that the potential impact on you and your family is accounted for.
Contact our sexual offence solicitors today
For a free initial consultation, urgent specialist advice, immediate representation, or to speak to us confidentially about allegations of voyeurism, please do not hesitate to get in touch.
You can contact our dedicated sexual offence solicitors in London, Birmingham, and Manchester by telephone on:
- Brent & Camden London Office: 0207 624 7771
- Manchester Office: 0161 835 1638
- Birmingham Office: 0121 614 3333
- City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)
Or email: solicitors@jdspicer.co.uk
Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.
24/7 legal representation for voyeurism allegations
Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with allegations relating to voyeurism.
We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number 07836 577 556.
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