Further to Helen Holder’s article on ‘Upskirting’, which appeared on this website on June 21st 2018, the Voyeurism (Offences) Act 2019 (the ‘Act’) became law on the 12th February 2019.
Cagin Husnu of Kangs Solicitors sets out the law.
The Offences | Kangs Sexual Offences Advisory Team
The Act amends the Sexual Offences Act 2003 by making provision for two additional offences.
A person commits an offence if he:
- operates equipment beneath the clothing of another person,
- wiith the intention of enabling himself, or another person to observe:
- the victim’s genitals or buttocks (whether covered with underwear or exposed) or
- the underwear covering the victim’s genitals or buttocks
- in circumstances where the genitals and buttocks would not otherwise be visible
and he does so:
- without the victim’s consent and
- he does not reasonably believe he has the victim’s consent.
This second new offence is similar to that outlined above but the equipment used in its the commission makes an image and/or recording.
The purpose for committing the offence must be for either the sexual gratification of the offender or another person, not the victim, or to humiliate, alarm or distress the victim.
The Punishment | Kangs National Sexual Offence Defence Solicitors
The Court may impose a maximum sentence of two years imprisonment.
How Can We Help? | Kangs Serious Crime Defence Solicitors
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