Voyeurism & Upskirting Defence Solicitors

What is a voyeurism offence?

Voyeurism is an offence under Section 67 of the Sexual Offences Act 2003. It typically involves observing or recording someone without their consent for sexual gratification. While it often occurs where the person has a reasonable expectation of privacy (such as bedrooms, bathrooms, or changing rooms), it can happen in any location, private or public.

Examples include:

• Filming someone through a window
• Installing a hidden camera in a bathroom
• Secretly recording intimate activities
• Taking photos or videos under clothing in public.

Is voyeurism illegal in the UK?

Yes. Under UK law, voyeurism is a criminal offence. Acts that invade someone’s privacy for sexual gratification, or to humiliate, alarm, or distress them, are punishable even if no physical contact occurs.

Voyeurism sentencing guidelines: What penalties could you face?

Sentencing for voyeurism offences varies based on factors such as intent, harm to the victim, use of recording equipment, and previous convictions. Penalties may include:

• Community orders with mandatory rehabilitation
• Fines or suspended sentences
• Up to 2 years’ imprisonment in serious cases
• Registration on the Sex Offenders Register
• Restraining orders or other court-imposed conditions

The voyeurism sentence you could face depends on the evidence presented and how effectively your case is defended.

Can you be prosecuted for attempted voyeurism?

Even if an act is interrupted or no images are found, attempted voyeurism can still be charged under the Criminal Attempts Act 1981. If intent can be shown and the steps taken are more than merely preparatory, the offence can still result in prosecution.

What is upskirting?

Upskirting involves taking a photo or video under someone’s clothing, aiming to capture images of their genitals, buttocks, or undergarments without their consent. Despite the name, upskirting is not limited to people wearing skirts or dresses; it can apply regardless of a person’s clothing, gender identity, or where the incident takes place.

Is upskirting illegal in the UK?

Yes. In England and Wales, upskirting is a specific criminal offence under the Voyeurism (Offences) Act 2019. The offence applies whether it takes place in a public or private setting and covers situations where the act is carried out for sexual gratification or to humiliate, alarm, or distress the victim.

There are two key offences under the Act:

• Section 67A(1): Operating equipment beneath clothing to view genitals, buttocks, or underwear without consent, for sexual gratification or to humiliate, alarm, or distress the other person.
• Section 67A(2): Recording images under clothing without consent for the same purposes.

Upskirting sentencing guidelines: What penalties could you face?

Sentencing for upskirting depends on factors such as the degree of planning, the number of victims, whether images were shared and previous convictions. Under Crown Prosecution Service (CPS) upskirting prosecution guidance, upskirting is an ‘either-way’ offence, meaning it can be heard in either the Magistrates’ Court or Crown Court. Penalties may include:

• Community orders with mandatory rehabilitation or unpaid work
• Fines or suspended prison sentences
• Up to 2 years’ imprisonment for serious cases tried in the Crown Court
• Placement on the Sex Offenders Register. 

Can you be prosecuted for attempted upskirting?

An attempt to commit upskirting carries full criminal liability, regardless of whether a photo is successfully taken. The law prosecutes the intent and action once steps are taken to position a recording device, even if equipment failure or outside interruption prevents any image from being captured.

What is downblousing?

Downblousing refers to the act of taking unauthorised photographs or video recordings down a person’s top or blouse, typically without her knowledge or consent. Unlike upskirting, which became a specific criminal offence in 2019, downblousing is not yet a distinct statutory offence. However, the police do still seek to prosecute this act under other existing laws.