Although Section 67 of the Sexual Offences Act 2003 addressed the general offence of voyeurism, it wasn’t until 2019 that specific provisions were established to address ‘upskirting’. This was achieved through the introduction of the Voyeurism (Offences) Act. Below, we take a look at what upskirting is, what the potential sentences are if you are accused, as well as the steps you should take if you have been accused.
What is upskirting?
Upskirting refers to the act of positioning a camera or mobile phone beneath a person’s clothing, aiming to capture images of their genitals, buttocks, or undergarments without their consent. Contrary to its name, this act is not limited to individuals wearing skirts or dresses; it applies regardless of attire or gender identity.
Where can upskirting happen?
Upskirting can happen in any situation where people are in close proximity, particularly in public spaces. It’s most commonly reported on public transport, at concerts, or in busy shops, but it can occur anywhere that offers a chance for someone to take photos or videos without consent.
Even in private settings like parties or gatherings, upskirting remains illegal. The key factor is the intent to secretly capture intimate images, which is a criminal offence no matter where it takes place.
Is upskirting a criminal offence?
Upskirting has been recognised as a criminal offence following the introduction of the Voyeurism (Offences) Act 2019. Before this legislation, upskirting incidents were typically prosecuted under the common law offence of Outraging Public Decency or existing voyeurism laws outlined in Section 67 of the Sexual Offences Act 2003.
The Voyeurism (Offences) Act introduced two new provisions under Section 67 of the Sexual Offences Act:
- Section 67A(1): Criminalises individuals who use equipment beneath someone’s clothing, aiming to view their genitals or buttocks, whether recorded or not, with or without underwear.
- Section 67A(2): Criminalises individuals who record images beneath someone’s clothing without consent, intending to view or enable others to view their genitals or buttocks.
Both offences aim to derive sexual gratification or cause humiliation, distress, or alarm.
What’s the difference between upskirting and voyeurism?
Upskirting involves capturing images or videos under someone’s clothing without their consent, primarily focusing on their genitals or buttocks. On the other hand, voyeurism covers a broader range of activities, including observing or recording private acts, not limited to upskirting for sexual gratification or to humiliate, distress, or alarm the victim.
What happens if you’re found guilty of an upskirting offence?
Sentences for upskirting offences are triable either way. If you are convicted, a summary conviction may result in a maximum sentence of up to 6 months in prison and/or a fine.
Alternatively, if the case is heard in the Crown Court, a guilty verdict could lead to a maximum prison term of two years.
It should also be mentioned that upskirting, being a sexual offence, may also come with notification requirements. Offenders, especially those committing the act for sexual gratification, may also be placed on the sex offenders register.
What factors might increase or reduce the upskirting sentence?
Several factors can influence the severity of a sentence for upskirting. A sentence may be increased if the offence was premeditated, involved multiple victims, or caused significant distress to the person affected. Previous criminal history, particularly related to similar offences, may also result in a harsher sentence.
On the other hand, a sentence could be reduced if the defendant shows remorse, pleads guilty early, or if it’s a first offence with mitigating circumstances. Ultimately, the court will consider the nature of the crime, the impact on the victim, and any previous convictions.
Can you be charged with related offences other than upskirting?
If pictures or recordings don’t specifically focus on someone’s genitals or buttocks, you won’t be charged with upskirting. However, you could still face charges for related offences, such as:
- Common Assault
If the pictures cause the subject to fear immediate unlawful violence, they could lead to a common assault charge under section 39 of the Criminal Justice Act 1988. - Stalking and Harassment
Taking pictures repeatedly may also lead to stalking or harassment charges. These offences, under the Protection from Harassment Act 1997 and 2012, can apply if the actions cause distress or fear of violence on multiple occasions.
What to do if you’ve been accused of an upskirting offence?
If you’ve been accused of an upskirting offence, you should seek expert legal advice immediately. In fact, contacting a solicitor like Lawtons, known for their experience in sexual offences, can be highly beneficial to you. Our team can provide advice tailored to your situation and help navigate the complex legal process. However, in the meantime, it’s important to refrain from discussing the case with anyone except your solicitor and to cooperate fully with legal authorities.
Remember, stay calm, be proactive, and seek professional legal support to ensure your rights and reputation are protected.
About the author
Nick Titchener, director and solicitor advocate of Lawtons, is a dedicated criminal solicitor with considerable experience in legal cases including sexual offences, violence and assault. Nick’s measured and methodical approach means he thrives on even the most complex cases.
Nick also oversees the overall management of Lawtons Solicitors, a specialist firm of criminal law defence solicitors with branches across London, Hertfordshire, Bedfordshire and Essex.