If you are facing allegations or have been charged with the offence of voyeurism, you will likely have many questions about the charge itself and the next steps. It is essential that you seek professional legal advice as soon as possible to achieve the best possible outcome.
The sexual offences defence solicitors at Keith J Tuck are on hand to develop the best possible defence for you. Get in touch with us today to start discussing the options that can be taken.
Voyeurism is an act of spying on people who are participating in intimate acts. The offence may be constituted by illicitly viewing acts such as undressing, a sexual activity or other private actions. Traditionally, this has some form of sexual gratification attached to it. It may also be done to distress or alarm another person.
Many cases involve photos or videos of the said act being taken. Voyeurism has seen a significant rise due to technological advancements making it easier to take illicit photos and videos, notably seen throughout the increase of ‘upskirting’.
Within Scotland, the offence of voyeurism is set out in S.9 of the Sexual Offences (Scotland) Act 2009. The Act details that the crime is committed when the person spying does not have the victim's consent or any reason to believe that they consent. You may have heard this Act referred to as the 'Peeping Tom Law UK'.
Voyeurism is a relatively new sexual offence, with the 2009 Act providing a statutory definition for what constitutes it. This offence is committed when person A does any of the following:
As mentioned, person A does this without person B’s consent and with no reasonable belief that B is consenting. Again, the offence is only committed when person A does this to obtain sexual gratification or to humiliate, distress or alarm person B.
With the Act having a fairly wide application, there is no set activity which exemplifies the offence of voyeurism. Nevertheless, recurring situations provide an overview of the offence:
This is arguably the most common example of voyeurism. Here pictures or videos of an individual’s body are taken without that individual's consent. The photos are purposely taken under the non-consenting person's skirt or dress. This is often done in nightclubs, music festivals, or public transport.
If charged with this offence, you must seek expert legal advice as soon as possible to build a strong defence. The maximum penalties upon summary conviction and conviction on indictment differ greatly, making it important to act fast.
Upon summary conviction, the court may impose an imprisonment term not exceeding 12 months, a fine or both. If the maximum penalty on conviction on indictment is imposed, the imprisonment period can rise to 5 years.
If you have been accused or are facing charges of voyeurism, you must appoint a criminal defence lawyer who is up to date with the past and present law surrounding voyeurism to secure the best possible outcome.
At Keith J Tuck, our experienced criminal lawyers operate from Glasgow and the surrounding areas. If you believe you are being investigated for a voyeurism offence or have been charged, call us today on 0141 336 2020, or fill in our online contact form, and we will get back to you as soon as possible.
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