Voyeurism and Upskirting Explained

Voyeurism and upskirting are criminal offences in England and Wales involving the non-consensual observation or recording of another person in circumstances where privacy is expected.

Although closely related, they are distinct offences under UK law, introduced at different times and structured slightly differently.

Understanding how the law defines these offences, what must be proven, and the potential consequences of conviction is essential, particularly given the increasing role of digital evidence in modern investigations.

What Is Voyeurism?

Voyeurism is primarily governed by section 67 of the Sexual Offences Act 2003. The offence occurs where a person observes another individual doing a private act without their consent, and does so for sexual gratification. It also applies where a person records a private act or installs equipment to enable such observation.

A “private act” generally includes situations where a person:

• Is in a place that would reasonably be expected to provide privacy, such as a bathroom, bedroom, or changing room
• Have their genitals, buttocks or breasts exposed
• Is engaging in sexual activity not ordinarily visible to others

For voyeurism to be established, the prosecution must prove:

• The act was observed or recorded without consent
• The individual had a reasonable expectation of privacy
• The observation or recording was carried out for sexual gratification

The intention behind the conduct is therefore central to the offence.

What Is Upskirting?

Upskirting became a specific criminal offence in 2019 under the Voyeurism (Offences) Act 2019. The legislation was introduced to address situations where someone takes a photograph or records beneath another person’s clothing without their knowledge or consent.

Unlike traditional voyeurism, upskirting often occurs in public settings. It does not require the complainant to be in a private space. The focus is on the act of recording beneath clothing in circumstances where underwear or intimate areas would not usually be visible.

Upskirting is committed where:

• A person operates equipment beneath another person’s clothing
• The recording is made without consent
• The purpose is either sexual gratification or to cause humiliation, alarm or distress

The offence applies whether or not the image is later shared. However, distributing such images can expose the sender to additional criminal liability.

Key Differences Between Voyeurism and Upskirting

Although both offences involve non-consensual recording, the legal structure differs.

In practice, the circumstances of the alleged conduct determine which charge may apply.

How These Offences Are Investigated

Investigations into voyeurism and upskirting frequently involve digital evidence. Mobile phones, tablets, laptops and cloud storage accounts may be examined. Police may also review CCTV footage, public transport recordings, or retail security camera footage if the alleged conduct occurred in a public space.

Key evidence can include:

• Metadata from digital files
• Deleted images recovered during forensic analysis
• Witness statements
• Communications between parties
• Social media activity

Because these offences are sexual in nature, investigations may also consider whether the accused has previous convictions or related allegations.

Sentencing and Consequences

Voyeurism and upskirting are offences either way. Depending on the seriousness, they may be dealt with in the Magistrates’ Court or the Crown Court.

The potential consequences of conviction include:

• Custodial sentences in more serious cases
• Community orders or suspended sentences
• Fines
• Restraining or Sexual Harm Prevention Orders
• Notification requirements under the Sexual Offences Act 2003 (commonly known as the Sex Offenders Register)

Courts assess factors such as planning, repeated behaviour, the number of victims, the distribution of images, and the impact on the complainant.

Even where imprisonment is not imposed, a conviction can carry long-term reputational and professional consequences.

The Role of Consent and Intent

Consent is a central issue in both offences. The prosecution must prove that the complainant did not consent to being observed or recorded.

Intent is also critical. For voyeurism, sexual gratification must be proven. For upskirting, either sexual gratification or intent to humiliate, alarm, or distress is sufficient.

These elements often determine whether a charge is viable and how a case proceeds through the courts.

Why These Laws Were Introduced

The legal framework reflects increased recognition of privacy rights and the impact of covert recording technology. The growth of smartphones and discreet recording devices made it easier to capture intimate images without detection.

The 2019 reforms specifically aimed to close gaps in the law, particularly in public settings where traditional voyeurism provisions were more difficult to apply.

Parliament’s intention was to ensure that non-consensual intimate recording is treated as a serious offence, even where physical contact does not occur.

Have You Been Accused Of Voyeurism or Upskirting?

Voyeurism and upskirting are distinct but related criminal offences under UK law. Both involve the non-consensual observation or recording of intimate areas, and both can carry significant legal consequences.

Understanding the legal definitions, the role of consent and intent, and the potential sentencing framework is essential.

As digital technology continues to evolve, these offences remain an important part of modern criminal law and privacy protection. Speak to Eventum Legal today if you need defence legal services. We can help!