The law on voyeurism is strict, but not everyone is clear on where the legal lines are drawn. Voyeurism is a criminal offence in England and Wales under the Sexual Offences Act 2003, but what exactly constitutes a crime under these rules, and where does the law stand on private curiosity versus criminal responsibility?

If you’ve ever worried that your actions might have fallen afoul of the law, or you’re now facing allegations of a sexual offence, it’s important to understand how the legal system approaches these cases. The law is complex, but the criminal defence experts at Tyler Hoffman Solicitors are here to help you understand what is and isn’t allowed - and what to do if you need legal protection.

When does voyeurism become a crime?

Under the Sexual Offences Act 2003, voyeurism becomes a criminal offence when someone:

• Watches or records another person engaging in what a reasonable person would consider a private act, such as undressing or having sexual intercourse.
• Does so without the person's consent.
• Acts for the purpose of gaining sexual gratification.

A private act means a situation where the person being observed has a reasonable belief that they are in a private setting and would not be seen or recorded.

There’s a fine line between what might feel like harmless curiosity and what the law considers a voyeurism offence. If the act involves using technology (such as hidden cameras) or happens in a place where someone should expect complete privacy (such as their home, a changing room or a toilet), it can be a more serious offence and result in much more severe penalties.

The impact of the Voyeurism Offences Act 2019

The Voyeurism Offences Act 2019 was introduced to specifically address upskirting - taking photos or videos under a person's clothing without their consent. The law was expanded to reflect changes in technology and now covers situations where hidden cameras or covertly streamed footage are used. This means that using a phone, webcam or any discreet recording device to capture images or videos of someone without their knowledge can be prosecuted as a criminal offence, even if there is no physical contact. The law does not distinguish between someone who records for their own sexual gratification and someone who shares footage with others - both can face prosecution. If you need more specific guidance on how the law applies to these types of situations, get in touch with our team.

What are the sentencing guidelines for voyeurism?

For offences heard in the Magistrates’ Court, the maximum sentence upon summary conviction is 12 months’ imprisonment. More serious cases are tried in the Crown Court, where the maximum penalty increases to two years in prison. The sentence imposed will depend on factors such as the level of intrusion, whether images or recordings were shared and the degree of sexual gratification sought by the offender.

Aggravating factors, which can lead to harsher penalties, include:

• Recording or distributing voyeuristic material, particularly if it involves children or vulnerable individuals.
• Repeated offending or targeting multiple victims.
• Breaching a position of trust, such as an employer or landlord recording tenants.
• The use of sophisticated or hidden recording devices.

Mitigating factors, which may result in a more lenient sentence, include:

• No prior convictions.
• Evidence of voyeuristic disorder, which may lead to a medical intervention rather than a custodial sentence.
• Genuine remorse and early guilty pleas, which can reduce the sentence.
• Lack of distribution of any images or footage.

In some cases, alternative sentences such as community service or fines may be imposed, particularly for first-time offenders where no recording or distribution occurred. However, convictions for voyeurism offences can also lead to inclusion on the sex offenders register, with the duration depending on the length of the sentence - this can have long-term consequences affecting employment, travel and reputation. Given these implications, it is imperative you find a solicitor with experience in defending these types of accusations so they can build the strongest possible defence for you.

Can voyeuristic disorder be used as a defence?

Voyeurism itself is not classified as a disorder, but when the urge to observe others in private situations becomes compulsive, it may be diagnosed as voyeuristic disorder - a recognised condition within the category of paraphilic disorders. This condition is characterised by persistent and intense urges that may drive an individual to commit voyeurism offences.

While voyeuristic disorder does not provide a legal defence against a criminal offence, it may be considered in court when determining sentencing. In some cases, if the court recognises that an individual’s actions were driven by an underlying psychological condition, sentencing may involve medical intervention rather than a standard custodial penalty. This could include psychiatric treatment, therapy or medication. Where the court deems it necessary, an individual may be required to undergo treatment in a hospital setting.

What should you do if you’re accused of voyeurism?

No one wants to be accused of voyeurism, but if it does happen to you it's important to stay calm, take a breath and seek out legal support as soon as you can. The law is not always clear-cut, and there are defence strategies that can often be explored depending on the circumstances of your case. Tyler Hoffman Solicitors have helped many people in your position, and we can help you too. We will scrutinise the police evidence, make sure proper procedures are followed and build you a strong defence.

Sometimes arguments can be made for:

• Reasonable belief in consent: if there was a misunderstanding or an assumption of consent, this may be a valid defence.
• Lack of intent: the law requires proof that the act was committed for the purpose of obtaining sexual gratification. If this cannot be proven, the charge may not stand.
• Insufficient evidence: the prosecution must prove beyond reasonable doubt that a criminal offence took place. If they cannot, a conviction should not follow.