Voyeurism is a relatively new offence created by the Sexual Offences Act 2003 and we regular advise and represent clients at the police station and at court for this offence.
These cases often involve an individual allegedly filming somebody without their consent and we have recently represented clients for example, allegedly using their mobile phones to record in swimming changing rooms, their place of work and public places like supermarkets.
These cases are taken very seriously by the courts and carry a maximum sentence of 2 years imprisonment as well as a possible requirement to sign on as a registered sex offender and possible future restriction as to being in possession of certain types of equipment or going to certain locations as part of a Sexual Harm Prevention Order (SHPO)
As such it is vital that if the police wish to question you or if you have been charged and have to attend court you receive expert advice without delay.
The law (see below) in relation to voyeurism is complex for example: what exactly constitutes a private act? As such all cases require meticulous consideration of all the evidence before advising whether a guilty plea or not guilty plea is appropriate.
Even in cases where the evidence is overwhelming and the case watertight expert representation by a specialist sex offence lawyer is crucial to maximise your chances or avoiding a custodial sentence and becoming a registered sex offender.
Call now to speak to a specialist sexual offence solicitor. Your initial call is completely confidential and free of any fees.
The Law
Section 67 Sexual Offences Act 2003
(1) A person commits an offence if–
(a) for the purpose of obtaining sexual gratification, he observes another person doing a private act, and
(b) he knows that the other person does not consent to being observed for his sexual gratification.
(2) A person commits an offence if–
(a) he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and
(b) he knows that B does not consent to his operating equipment with that intention.
(3) A person commits an offence if–
(a) he records another person (B) doing a private act,
(b) he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and
(c) he knows that B does not consent to his recording the act with that intention.
(4) A person commits an offence if he installs equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1).
(5) A person guilty of an offence under this section is liable–
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.
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