Upskirting and the Voyeurism (Offences) Act 2019

The law on voyeurism was expanded by the Voyeurism (Offences) Act 2019, which introduced a specific offence commonly known as upskirting.

Upskirting involves operating equipment, such as a phone or camera, to record images beneath a person’s clothing without their consent in circumstances where their genitals, buttocks or underwear would not otherwise be visible.

The offence applies where the behaviour is carried out for the purpose of obtaining sexual gratification, or with the intention of causing humiliation, alarm or distress.

Importantly, the offence can still apply even if the attempt to capture an image was unsuccessful. Attempting to position a device or camera in order to obtain the image may be enough for criminal liability to arise.

Building Your Defence Against Voyeurism Allegations

Voyeurism allegations are rarely as straightforward as they first appear. Many cases rely on digital evidence recovered from phones, cameras or other devices, alongside claims that a private act was observed or recorded for the purpose of sexual gratification. In practice, these cases turn on whether the prosecution can establish each element of the offence under the law, including intent, expectation of privacy and the nature of the act itself.

Defending these allegations requires careful examination of the circumstances in which the observation is said to have occurred. Questions often arise whether the situation genuinely involved a private act, the accused person was responsible for the alleged conduct or the prosecution can prove that they intended to obtain sexual gratification. These issues are highly fact-sensitive and often depend on the interpretation of witness accounts, digital material and the surrounding context.

Our experienced defence solicitors will also scrutinise how the investigation has been conducted and whether the evidence relied upon by the prosecution accurately reflects what happened. In some cases, this involves challenging assumptions about the circumstances of the alleged observation or identifying gaps in the evidence that undermine the prosecution’s case.

Where appropriate, our solicitors engage directly with the police and the Crown Prosecution Service at an early stage to challenge whether the available evidence justifies criminal charges. By making clear legal representations before a charging decision is made, it is sometimes possible to prevent a case from progressing any further.

If the case proceeds to court, our role is to test the prosecution’s case rigorously. We present the full context of the allegation, challenge weaknesses in the evidence and hold the prosecution to the legal standard required for a conviction.

Where the evidence against a client is strong and sentencing cannot be avoided, our focus shifts to mitigation. By presenting the surrounding circumstances clearly and persuasively, we work to reduce the severity of the penalty imposed and limit the long-term consequences of a conviction.

How Voyeurism Allegations Are Investigated

Voyeurism investigations usually begin when a complaint is made to the police by the person who believes they have been observed or recorded during a private act. Once an allegation of this nature is reported, the matter can escalate quickly. The police may contact the person accused and request that they attend a voluntary interview under caution, or in some cases make an arrest without prior notice.

At this point, the allegation enters the criminal justice system, and investigators will begin examining the circumstances of the complaint in detail. Officers will seek to establish how the alleged observation took place, whether any recording equipment was used and whether the conduct could meet the legal definition of voyeurism under the Sexual Offences Act 2003.

In many cases, electronic devices are seized and subjected to forensic analysis. Investigators attempt to establish when images were created, where they were stored and whether they were shared or distributed. Depending on the findings, the police may then refer the case to the Crown Prosecution Service, which will decide whether there is sufficient evidence to bring criminal charges.

This is a critical stage in any investigation. Our solicitors scrutinise the prosecution case, analyse the digital material in detail and challenge the assumptions being made about what the evidence actually shows. In some cases, early legal representations can expose weaknesses in the case and prevent charges from being authorised.

What Are the Penalties for Voyeurism Offences?

Voyeurism is treated as a serious sexual offence in England and Wales. If a conviction is secured, the court has a range of sentencing powers depending on the circumstances of the case.

The maximum penalty for voyeurism is two years’ imprisonment.

Other possible outcomes may include:

• A custodial sentence.
• A suspended prison sentence.
• A community order.
• Registration on the Sex Offenders Register.
• A Sexual Harm Prevention Order restricting certain activities.
• A permanent criminal record.

When deciding a sentence, the court will consider factors such as the level of intrusion, whether images or recordings were captured, the distress caused to the victim and whether aggravating features are present. These may include repeated conduct, the use of recording equipment or targeting multiple individuals.

A conviction for voyeurism can also have wider consequences beyond the sentence itself, including restrictions on employment opportunities, travel and professional licensing.

Where a voyeurism offence results in a conviction, the court will determine the sentence according to the seriousness of the behaviour and the sentencing guidelines applied in sexual offence cases. These guidelines consider factors such as planning, the use of recording devices, the number of victims and the level of distress caused. Courts will also consider mitigating factors, including whether the accused has prior convictions, whether the conduct involved multiple victims, and whether the offending involved the distribution of recordings or indecent images.

Voyeurism cases may be heard in either the Magistrates’ Court or the Crown Court, depending on the seriousness of the allegations. In more serious cases, a custodial sentence may be imposed, and individuals may be required to join the sex offenders register or comply with a sexual harm prevention order.

Why Early Legal Advice Matters

Allegations of voyeurism can escalate quickly once a police investigation begins. Statements given during interviews, digital evidence recovered from devices and early decisions made during the investigation can all shape how the case develops.

Seeking legal advice at the earliest opportunity allows a defence solicitor to assess the evidence, advise on your legal position and represent you during police questioning. Early intervention can influence how investigators approach the case and may affect whether charges are ultimately brought.

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