The Voyeurism (Offences) Act 2019 received Royal Assent amends the Sexual Offences Act 2003
Voyeurism and upskirting now a criminal office.
Until now offenders could only be prosecuted for voyeurism or outraging public decency.
But voyeurism only applies to filming in “private” while outraging public decency usually requires a witness – and upskirting often goes unobserved.
So, following tireless campaigning by Gina Martin, the government has created a specific offence of upskirting where the purpose is to obtain sexual gratification, or to cause humiliation, distress or alarm.
It covers culprits who say images were just taken “for a laugh”, and paparazzi who take intrusive images.
What is the new law?
The new offences apply in instances when:
- Without consent, a person takes pictures beneath a person’s clothing to observe their genitals or buttocks, whether covered or uncovered by underwear
- The offender has a motive of either gaining sexual gratification or causing humiliation, distress or alarm to the victim
The Voyeurism (Offences) Act 2019 also ensures that the most serious offenders, where the purpose of the offence is for sexual gratification, are made subject to notification requirements (often referred to as being placed on the sex offenders’ register).
