Voyeurism

What is Voyeurism?

Voyeurism is a criminal offence under Section 67 of the Sexual Offences Act 2003. It involves watching or recording someone doing something private without their knowledge or consent, and with the intention of getting sexual gratification.

This includes:

• Watching someone during a private moment (e.g., undressing or engaging in sexual activity).
• Recording someone during that private act.
• Installing cameras or other equipment to secretly record someone in private.

A “private act” means something a person would normally do in private, like being naked or having sex.

Examples could include:

• Spying on someone through a window.
• Filming people having sex without their permission.
• Hiding a camera in a bathroom or changing room.

Upskirting

Before 2019, upskirting was not a specific offence, and could only sometimes be prosecuted under general laws like Outraging Public Decency. But many cases slipped through legal gaps.

To close this loophole, the Voyeurism (Offences) Act 2019 was introduced, which specifically makes upskirting a criminal offence.

What is Upskirting?

Upskirting is when someone uses a phone, camera, or other device to take a photo or video under another person’s clothing without their permission. 

It’s often done in crowded areas like public transport or music festivals, making it hard to spot. 

The Voyeurism (Offences) Act 2019 – Key Points

Effective from 12 April 2019, the Act introduced two new offences under Section 67A:

Section 67A(1) – Operating Equipment

This offence covers situations where someone:

• Uses a device under another person’s clothing.
• Aims to view their genitals, buttocks, or underwear.
• Does it without the person’s consent.
• Does it to gain sexual pleasure or to humiliate, distress, or alarm them.

Even if no image is recorded, just the act of trying to observe counts as an offence.

Section 67A(2) – Recording an Image

This applies when:

• An image is recorded under someone’s clothing.
• The goal is to view or share it for sexual reasons or to cause harm.
• The act is done without the person’s knowledge or permission.

This section is used when there is actual evidence (like a recovered photo or video).

Penalties

• These offences carry a maximum sentence of 2 years in prison.
• Serious cases may result in the offender being placed on the Sex Offenders Register.