Voyeurism and Upskirting | Legal Defence Services

Voyeurism and upskirting are serious criminal offences under British law, carrying significant penalties, including prison sentences, fines, and potential inclusion on the Sex Offenders Register. At Kang & Co Solicitors, we specialise in defending individuals accused of such offences, providing specialist legal representation that protects your rights and seeks the best possible outcome for your case.

If you are under investigation or facing charges related to voyeurism or upskirting, it is essential to seek professional legal advice as soon as possible. Our experienced criminal defence solicitors are here to guide you through the legal process. Contact our legal team today on 0330 818 9825 or fill out our online form for an initial case assessment and agreed fee quotation.

Kang & Co Solicitors has built up a strong reputation for Criminal Defence and is regarded as one of the top criminal law firms in the country with its top rankings by The Legal 500 and Chambers and Partners.

What is the Offence of Voyeurism and Upskirting?

Voyeurism

Voyeurism is an offence under Section 67 of the Sexual Offences Act 2003. It involves the act of observing or recording someone engaging in a private act without their consent for the purpose of obtaining sexual gratification. This private act can include undressing, using the toilet, or engaging in sexual activity. The victim must have a reasonable expectation of privacy in the location where the offence took place.

For a conviction, the prosecution must prove that:

• The victim was engaged in a private act.
• The observation or recording was done without the victim’s consent.
• The defendant’s intention was to obtain sexual gratification from the act.

Upskirting

Upskirting was made a specific criminal offence in England and Wales under the Voyeurism (Offences) Act 2019. It refers to the act of taking a photograph or video up a person’s skirt without their consent for the purpose of sexual gratification or causing humiliation or distress. This law covers both men and women, although it most commonly applies to instances involving female victims.

For a conviction of upskirting, it must be shown that:

• The photograph or video was taken without the victim’s consent.
• The intent was to obtain sexual gratification or cause distress.

Both voyeurism and upskirting offences involve breaches of privacy and are regarded as serious invasions of personal dignity, making them prosecutable under the sexual offences framework in the UK.

Sentencing for Voyeurism and Upskirting Offences

Sentencing for voyeurism and upskirting varies depending on the specific circumstances of the offence, including the nature of the act, the impact on the victim, and whether the accused has any prior convictions. The Sentencing Council’s guidelines provide a framework for the courts to determine appropriate penalties.

• Voyeurism: If convicted, the sentence can range from community orders to up to two years in prison. In some cases, fines may also be imposed. Additionally, the offender may be placed on the Sex Offenders Register, which can have long-term consequences for employment and personal life.
• Upskirting: The maximum sentence for upskirting is two years’ imprisonment. In more severe cases where the offence was motivated by causing humiliation or distress, or where images were distributed, the courts may impose harsher penalties. Offenders may also be added to the Sex Offenders Register.

Aggravating factors, such as repeated offending, deliberate targeting of vulnerable individuals, or the sharing of images, can lead to more severe sentences. Conversely, mitigating factors, such as an early guilty plea or lack of prior criminal history, may result in reduced penalties.

Legal Defences for Voyeurism and Upskirting

Facing a charge of voyeurism or upskirting is a serious matter, but there are various legal defences that may be available depending on the circumstances of the case. At Kang & Co Solicitors, our experienced legal team will meticulously analyse the evidence and explore all possible defences to protect your rights.

Lack of Intent

One of the key elements of both voyeurism and upskirting is proving the intent to obtain sexual gratification or to cause distress. If it can be demonstrated that there was no such intent, this could serve as a strong defence. For example, if the recording or observation was accidental or carried out without any sexual motive, this could weaken the prosecution’s case.

Consent

Consent is a central issue in both voyeurism and upskirting cases. If the defendant reasonably believed that the victim had consented to the observation or recording, this may provide a viable defence. Proving this will depend on the specific context of the case, and the actions and communications between the parties involved.

Mistaken Identity

In cases where the evidence is based on surveillance footage, photographs, or witness testimony, there may be instances of mistaken identity. If it can be shown that you were wrongly identified as the perpetrator, this could lead to a dismissal of the charges. Our team will scrutinise all evidence to challenge the reliability of identification procedures.

Insufficient Evidence

The burden of proof lies with the prosecution, and they must demonstrate beyond a reasonable doubt that all elements of the offence have been met. If there are gaps in the evidence or if the prosecution fails to establish key facts, such as intent or lack of consent, we will challenge the strength of their case. This could result in the charges being reduced or dropped altogether.

Procedural Defences

Any breach of your legal rights during the investigation or trial process can provide a basis for a procedural defence. For example, if evidence was obtained unlawfully, such as through illegal searches or improper surveillance, it may be possible to have that evidence excluded from court, which could significantly weaken the prosecution’s case.

At Kang & Co Solicitors, we are committed to providing thorough and effective legal representation for individuals accused of voyeurism and upskirting. Our specialist team will work diligently to explore all defences, challenge the evidence, and guide you through every step of the legal process to secure the best possible outcome.

If you are facing charges of voyeurism or upskirting, contact us today for professional legal advice and representation.