Voyeurism & Upskirting Offences
Voyeurism and upskirting charges can have a significant impact on your personal and professional life. McArthur Solicitors can help you defend against accusations and secure the best outcome for your case.
What Is Voyeurism?
Voyeurism is defined as the act of gaining sexual gratification from watching or recording someone engaging in private activities without their consent. This includes people undressing, bathing, and engaging in sexual activities, but can also include observing people fully clothed.
Is Voyeurism Illegal?
Yes. Voyeurism is a criminal offence under Section 67 of the Sexual Offences Act 2003. The offence applies to any non-consensual observation or recording of private acts, where the purpose is gaining sexual gratification.
The Voyeurism (Offences) Act 2019 expanded the law to include upskirting, creating a specific offence for this form of behaviour and aligning penalties with other sexual offences.
What Is Voyeuristic Disorder?
Voyeuristic disorder is defined in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) as a paraphilic disorder. In clinical terms, it describes a persistent pattern of sexual arousal over a period of at least six months from observing an unsuspecting person who is naked, undressing, or engaging in sexual activity. A diagnosis may be considered when:
- The person has acted on these urges with a non-consenting individual, or
- The urges and fantasies cause significant distress or impairment in daily life, and
- The individual is aged 18 or over.
It is vital to understand that voyeuristic thoughts or fantasies alone are not a crime. The law only applies where a person has acted without consent or invaded another’s reasonable expectation of privacy. The criminal offence of voyeurism is separate from the medical diagnosis of voyeuristic disorder.
What Is Upskirting?
Upskirting is the act of positioning a camera or phone beneath an individual’s clothes to try and capture images or videos of their genitals, buttocks, or undergarments without their consent. The term can be applied to anyone wearing any clothing: it doesn’t just refer to individuals wearing skirts or dresses.
Upskirting can happen anywhere, particularly in situations where people are in close proximity, such as:
- Public transport
- Busy concerts
- Bars and clubs
Is Upskirting Illegal?
Yes, since the Voyeurism (Offences) Act 2019, upskirting has been recognised as a sexual offence.
Expert Advice From McArthur Solicitors
Facing an accusation of upskirting or voyeurism can be incredibly distressing, impacting every area of your life.
That’s why the team at McArthur Solicitors is here to help. Our team have proven experience in defending against sexual offence charges, from voyeurism and upskirting cases to dismissing Sexual Harm Prevention Orders.
Get in touch with our team today to discover more and speak with a solicitor.
Upskirting & Voyeurism Sentencing Guidelines
The sentencing guidelines for voyeurism vary depending on the specific circumstances. The maximum penalty can include imprisonment for up to two years, community service, or a fine.
There are multiple factors that the judge will consider when it comes to sentencing:
- The level of distress that was caused to the victim.
- The offender’s intent, whether that was for sexual gratification, to share the content, or to humiliate or alarm the victim.
- If the offence was planned.
- If the offender has a history of similar sexual offences.
- If there are any mitigating factors, such as a lack of previous convictions, remorse, or any mental health conditions that may have contributed to the offence.
Cases involving repeated offences, distress to multiple victims, or clear sexual motivation will attract higher sentences. The court may also impose ancillary orders, such as a Sexual Harm Prevention Order (SHPO) or placement on the Sex Offenders Register.
What To Do If You’ve Been Charged With Upskirting Or Voyeurism
If you’ve been accused or charged with upskirting or voyeurism, the first thing to do is get in touch with an experienced sex offence solicitor. Voyeurism and upskirting charges can be complex issues to deal with, and the team at McArthur Solicitors are well equipped to advise you and build a strong defence strategy.
The investigation into voyeurism accusations will likely start with an arrest, or the police requesting to speak to you at a voluntary interview. You have the right to legal counsel, and we advise that you instruct a solicitor as soon as possible.
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Voyeurism & Upskirting Offence FAQs
If you are convicted of a voyeurism or upskirting offence, you could be placed on the Sex Offenders Register. While registered, you must notify the police of your name, address, and any changes to your personal details, as well as confirm them annually. Failing to comply is a separate offence punishable by up to five years’ imprisonment.
McArthur Solicitors can advise you on how registration may apply to your case and assist with compliance or potential removal applications where eligible.
No – there are core differences between the two, although they are both criminalised under the Sexual Offences Act 2003 and Voyeurism Offences Act 2019. Voyeurism involves observing someone in intimate acts without their consent, and upskirting is the act of placing a camera or mobile phone underneath a person’s clothes to record or photograph their genitals or underwear.
If you have been convicted and believe the verdict was unjust or the process was flawed, you may have grounds to appeal. McArthur Solicitors can review your case, identify potential legal or evidential issues, and guide you through the appeals process.
Ancillary orders are additional measures imposed by the court alongside a sentence to protect the public or restrict future behaviour. They can include a Sexual Harm Prevention Order (SHPO), restraining orders, or disqualification from working with children. Whether an order is imposed depends on the nature of the offence and the assessed level of risk. Breaching an ancillary order is a separate criminal offence.
