Being accused of a voyeurism crime can have immediate personal and legal consequences. Allegations often come with reputational damage, distress and confusion about the law. In England and Wales, voyeurism is treated as a specific offence under the Sexual Offences Act 2003, which sets out the legal definitions and penalties for a wide range of sexual offences. In 2019, the law was updated with the Voyeurism (Offences) Act, which was brought in to address newer forms of this behaviour - most notably upskirting, where someone takes a photo or video under another person’s clothing without their consent. Both pieces of legislation are now used to prosecute voyeurism offences, and the law that will apply in your case depends on the circumstances of the alleged act.

If you’ve been charged or are under investigation, understanding what the law actually says - and what your rights are - can help you respond appropriately.

What is a voyeurism crime?

Voyeurism is defined under section 67 of the Sexual Offences Act 2003. A person commits this offence if they observe another individual doing a private act, for the purpose of obtaining sexual gratification, and without that person’s knowledge or consent. The offence can also include operating equipment (such as a camera or smartphone) or recording images for the same purpose.

A private act occurs under circumstances in which a person would reasonably expect privacy - for example, when using the toilet, undressing or engaging in sexual activity. The law focuses on whether a reasonable person would consider the act private and whether the subject had a reasonable expectation of privacy at the time. The absence of the person’s consent is a key element of the offence.

For a voyeurism charge to result in a conviction, the court must be satisfied beyond reasonable doubt that the defendant acted to obtain sexual gratification and that the subject was unaware and did not agree to being watched or recorded. Sexual arousal, voyeuristic behaviour and the individual’s own sexual gratification are central considerations when determining whether the offence has been committed.

In cases where the act was committed for reasons other than sexual gratification - such as a prank or without any deliberate intent - the charge may be more difficult to prove. However, the Crown Prosecution Service may still proceed if the surrounding circumstances suggest a deliberate intrusion into someone’s private space, particularly when the defendant has a history of similar behaviour or if video footage or images exist. The prosecution must prove that the accused acted knowingly and without the person’s consent. A person’s sexual orientation, gender, or relationship to the subject does not affect the legality of the act.

Courts will also examine whether the defendant had a reasonable belief that the person consented. If a reasonable person would not hold that belief, the defence may fail. Where voyeuristic behaviour is part of a broader pattern of sexual offences, the charge may be linked to other offences such as sexual assault or image-based abuse.

What does upskirting mean?

Upskirting is a specific form of voyeurism crime that involves recording or attempting to record beneath a person’s clothing without their consent. It became a separate offence under the Voyeurism (Offences) Act 2019, which was introduced to address conduct that was not fully captured by earlier legislation.

Under the Act, it is a criminal offence to operate equipment with the intention of viewing, photographing or recording images beneath a person’s clothing in circumstances where their genitals, buttocks or underwear would not otherwise be visible. This applies where the individual did not consent and did not know they were being recorded. The behaviour is only prosecutable if it is done either to obtain sexual gratification or to cause humiliation, alarm or distress.

Importantly, a person does not need to succeed in capturing an image for the offence to apply. Merely attempting to position a device or camera to obtain the view can be enough. This makes the offence particularly relevant in cases involving hidden cameras, public transport, crowded areas or any location where someone might be secretly targeted.

As with other voyeurism offences, the presence of a private act, lack of consent and a motive related to sexual gratification or distress are central to the charge. In court, the prosecution will usually rely on digital evidence, CCTV, witness statements or the physical presence of the device. A conviction may lead to a custodial sentence, and the individual may also be placed on the Sex Offenders Register depending on the court’s findings and sentencing guidelines.

What happens if you are charged with a voyeurism crime?

The process typically begins with an arrest or voluntary interview under caution. If the police decide there is enough evidence, the case will be referred to the Crown Prosecution Service for a charging decision. Depending on the seriousness, the case may be heard in either the Magistrates’ Court or Crown Court.

If you are charged, you will receive a court summons with a date to appear. The prosecution must prove that you observed or recorded the act for your own sexual gratification and that the subject did not consent. They may rely on digital evidence, previous convictions or witness statements.

The court will also consider any aggravating or mitigating factors. Aggravating factors might include distributing the material, using hidden cameras or targeting multiple people. Mitigating factors might include a lack of prior offences, early admission of guilt or cooperation with authorities.

The burden remains on the prosecution to prove the offence beyond reasonable doubt. Where there is insufficient evidence, or the intent behind the act cannot be clearly established, the charge may be withdrawn or result in acquittal.

What are the penalties for voyeurism offences?

Voyeurism is a sexual offence and can carry a prison sentence if you are convicted. The maximum penalty is two years’ imprisonment, though sentencing depends on the circumstances and how the court categorises the offence.

Possible outcomes include:

• A custodial sentence (especially where the offence involved planning, distribution, or significant distress to the victim).
• A medium-level community order involving supervision or treatment, particularly if the person is assessed as having a voyeuristic disorder.
• Community service or a suspended sentence, typically for lower-harm, first-time offences.

A person found guilty may also be required to sign the Sex Offenders Register. The length of registration depends on the sentence handed down and whether there is a continuing risk to the public.

Sentencing guidelines consider raised harm (e.g. severe psychological impact on the victim) and raised culpability (e.g. targeting specific individuals, repeat offending or use of technology). Prior convictions and the offender’s behaviour during proceedings may also influence the outcome.

Why legal representation matters

There are several legal arguments that may be available in a voyeurism case, depending on the evidence and how the incident is alleged to have happened. These include:

• A denial that any act took place.
• Evidence that there was no intention to gain sexual gratification.
• A belief - genuine and potentially reasonable - that the person involved was not engaged in a private act.
• A belief that the person had agreed to be observed or recorded.
• Questions over the evidence itself, including misidentification or whether any footage was gathered or stored lawfully.

Much of the case will come down to intent, context and credibility. Your solicitor will examine how the incident is being portrayed, test whether it meets the legal definition of voyeurism and raise doubt where the prosecution’s claims go beyond what the facts support. Where there is room for interpretation - such as whether someone had a reasonable expectation of privacy or whether the recording was deliberate - these points can and should be contested.

If a conviction is unavoidable, there may still be opportunities to shape the outcome. Your solicitor can present information about your background, any mental health concerns, previous good character or steps taken to address the behaviour since the incident. In some cases, the court may consider treatment requirements or a community-based sentence instead of custody.

This is a serious charge, but you are not without options. Getting advice early can help you take control of the situation.