The short answer is yes – voyeurism, when carried out without consent and for sexual gratification, is recognised as a sexual offence in England and Wales. Upskirting is a form of voyeurism but is a separate offence.
The law also makes important distinctions between criminal acts, private sexual interests, and recognised mental disorders. This article explains what voyeurism means in law, how it is prosecuted, what penalties can apply, and how McArthur Solicitors can help those accused of voyeurism.
What Is Voyeurism?
Voyeurism can be committed in several ways and involves a breach of person’s privacy:
- the act of observing another person who is engaged in a private act – such as undressing, being naked, or engaging in sexual activity – for the purpose of sexual gratification without their consent to being observed for sexual gratification.
- Recording somebody without their consent while they are doing a private act, for the purpose of sexual gratification of the recorder or another person to who will be able to access the recording;
- Setting up equipment or the means to observe someone doing a private act without their consent.
The criminal elements of voyeurism include:
- A deliberate act of watching or recording someone involved in a private act.
- The absence of consent from the person being observed.
- The act being done for sexual gratification whether for the accused or another.
- The term “private act” includes activities such as dressing, undressing, using the toilet, or engaging in sexual activity in places where privacy would normally be expected: for example, a bedroom, bathroom, or changing room.
When these elements are present, voyeurism is treated as a criminal offence under the Sexual Offences Act 2003 (“SOA”).
On conviction, the maximum penalty for voyeurism under Section 67 SOA is two years’ imprisonment. The court can also impose a fine, a community order, or a combination of penalties depending on the seriousness of the case and more serious cases may also result in the offender being placed on the Sex Offenders Register or other orders.
Upskirting is a new offence under Section 67A SOA when Parliament introduced an additional offence in The Voyeurism (Offences) Act 2019 covering what is commonly known as upskirting or under-clothing recording. This law makes it an offence to:
- Operate equipment beneath another person’s clothing to observe their genitals, buttocks, or underwear, without consent, for sexual gratification or to cause humiliation or distress; or
- Record images beneath a person’s clothing in similar circumstances.
These offences can be tried either in the Magistrates’ Court or the Crown Court, and also carry a maximum penalty of two years’ imprisonment. More serious cases may also result in the offender being placed on the Sex Offenders Register.
Non-Consensual Voyeurism and the Expectation of Privacy
A central part of any voyeurism charge is whether the victim had a reasonable expectation of privacy. This means that the individual being observed must be in a situation where an ordinary person would expect not to be watched or recorded – for example, inside a home, changing room, toilet cubicle, or similar private area.
If the act takes place in a public setting where no expectation of privacy exists, it may not meet the legal definition of voyeurism, though other public order or indecency offences might apply.
Another crucial element is consent. If the observation or recording is done with the consent of all involved – such as in private, consensual sexual activity in filming a legal pornography film – the act is not a criminal offence. It becomes criminal when the act is carried out secretly, without knowledge or agreement, and for sexual purposes.
Voyeurism Penalties and Sentencing
Voyeurism is classed as a sexual offence, and those convicted can face serious consequences. The court will consider factors such as:
- The degree of planning or premeditation.
- The number of victims involved.
- The use of cameras or recording devices.
- The level of distress or harm caused to the victim.
- Whether the offender has previous convictions.
Depending on these factors, a person may receive a sentence ranging from a fine or community service order to a term of imprisonment of up to two years. In more serious or repeated cases, offenders may also be required to register as a sex offender and be subject to restrictions on where they can live or work.
What Is Voyeuristic Disorder?
While voyeurism is a criminal act when carried out without consent, voyeuristic disorder is a recognised mental health condition in psychiatry. It is listed as a paraphilic disorder in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), published by the American Psychiatric Association and in ICD-11, the World Health Organisation’s International Classification of Diseases.
According to the DSM-5, voyeuristic disorder involves (the ICD-11 definition is in similar terms):
- Recurrent and intense sexual arousal over at least six months from observing an unsuspecting person who is naked, disrobing, or engaging in sexual activity.
- Acting on these urges with a non-consenting person, or experiencing significant distress or impairment because of them.
- The individual being at least 18 years old.
The DSM distinguishes between a paraphilia (an unusual sexual interest) and a paraphilic disorder (when that interest causes distress or involves non-consensual acts). Having voyeuristic desires or fantasies alone does not mean someone has a disorder, nor is it a criminal offence. It becomes both clinically and legally significant only when those urges are acted upon without consent or cause harm.
When Does Voyeurism Count as a Sexual Offence?
Voyeurism becomes a sexual offence when three key conditions are met:
- The act involves watching or recording someone performing a private act.
- The person observed does not consent to being watched or recorded.
- The act is carried out for the purpose of sexual gratification
- If these elements are proven, the act falls squarely within the scope of the Sexual Offences Act. Importantly, the motivation of sexual gratification is what distinguishes voyeurism from other types of privacy invasion or harassment.
Why Voyeurism Is Treated as a Sexual Offence
Voyeurism is categorised as a sexual offence because of its underlying purpose and effect. It typically involves sexual gratification at the expense of another person’s autonomy and privacy. Victims often describe feeling violated, humiliated, or deeply distressed when they discover they have been secretly watched or filmed.
The law recognises this as a form of sexual abuse, not merely a breach of privacy. By criminalising voyeurism, the justice system reinforces the right to bodily privacy and sexual dignity – that individuals have control over when and how they are seen in intimate situations.
Related and Overlapping Offences
Voyeurism sometimes overlaps with other sexual or public order offences, including:
- Sexual assault, if physical contact occurs.
- Stalking or harassment, if the voyeuristic acts are repeated or obsessive.
- Outraging public decency, which was used before 2019 to prosecute some upskirting incidents.
- Misuse of technology, such as hidden cameras or devices placed in bathrooms, changing rooms, or hotel rooms.
Each of these offences may be charged alongside voyeurism or separately, depending on the circumstances.
Sentencing and Aftermath
Because voyeurism is a sexual offence, victims are entitled to anonymity in legal proceedings. Offenders, on the other hand, may face:
- A criminal record.
- Registration on the Sex Offenders Register.
- Restrictions on employment, travel, and internet use.
- Mandatory treatment programmes or therapy as part of a sentence or rehabilitation order.
Courts will often consider whether the offender’s behaviour stems from underlying mental disorders, such as voyeuristic disorder or other paraphilias, and may recommend specialist treatment alongside punishment.
Specialist Legal Support From McArthur Solicitors
The Sexual Offences Act 2003 and the Voyeurism (Offences) Act 2019 make clear that secretly observing or recording another person during private acts is a criminal offence, punishable by imprisonment, community service, fines, and inclusion on the Sex Offenders Register.
While voyeuristic desires or fantasies alone are not criminal, acting on them without consent crosses the line into illegality and serious harm. The law seeks to protect individuals’ right to privacy, dignity, and sexual autonomy in all circumstances.
If you are facing a voyeurism charge, or if you believe you have been a victim of voyeurism, it is vital to seek immediate legal advice from an experienced solicitor. McArthur Solicitors can provide expert guidance, representation, and support in all matters involving sexual offences and related criminal allegations.
Get in touch with our expert team today to discover how we can support you.
