Voyeurism & Upskirting

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Voyeurism & Upskirting Defence Lawyers

If you are under investigation for voyeurism or upskirting, early legal advice is essential. These allegations are treated seriously by the police and can have immediate consequences for your reputation, employment, and personal life.

At Clifford Johnstons, we provide clear, strategic advice from the outset. Our focus is to protect your position, challenge the evidence, and, where possible, prevent a charge altogether.

What is voyeurism?

Voyeurism is an offence under section 67 of the Sexual Offences Act 2003. It typically involves observing or recording someone engaged in a private act without their consent, or installing equipment for that purpose.

A private act is one that a reasonable person would expect to take place in privacy, for example, being undressed or engaged in sexual activity.

For a conviction, the prosecution must prove not only that the act took place without consent, but that it was done for the purpose of sexual gratification. That issue of intent is often central to the case.

What is upskirting?

Upskirting is a specific offence introduced by the Voyeurism (Offences) Act 2019. It involves the use of equipment, such as a phone or camera, to capture or attempt to view images beneath a person’s clothing without their consent.

The law covers both situations where an image is recorded and where equipment is used with the intention of viewing, even if no image is ultimately obtained. The offence is not limited to skirts or dresses and can arise in a wide range of public settings.

As with voyeurism, the prosecution must establish intent, either for sexual gratification or to cause humiliation, alarm, or distress.

Do you need a Sexual Offences solicitor?

Yes. Allegations of voyeurism or upskirting require specialist advice at an early stage.

These cases often turn on interpretation: what was intended, what was seen, and how the evidence is presented. Digital material, CCTV, and witness accounts are frequently relied upon, but they do not always tell the full story.

Early legal advice ensures that your position is protected before assumptions are made or evidence is misinterpreted.

How these cases arise

We regularly act in cases arising from incidents in public places, workplaces, and universities, as well as those involving mobile phone evidence or third-party footage.

In many cases, the allegation is based on limited or unclear evidence. The issue is not simply what is alleged to have happened, but whether the necessary intent can be proven.

Sentencing and consequences

Voyeurism and upskirting offences carry a maximum sentence of two years’ imprisonment. A conviction may also result in notification requirements, commonly referred to as the Sex Offenders Register, as well as other restrictions.

However, outcomes vary significantly depending on the facts of the case. The court will consider the nature of the behaviour, whether it was repeated or planned, and the individual’s personal circumstances.

Can prosecution be avoided?

In some cases, it is possible to prevent a charge.

We assess whether the evidence meets the legal threshold required for prosecution and whether it is in the public interest to proceed. Where appropriate, we make detailed pre-charge representations to the police and CPS, challenging the case and setting out your position.

Handled properly, this stage can be decisive.

Our approach

We act early and with purpose. That means advising before interview wherever possible, identifying weaknesses in the evidence, and engaging with investigators to prevent cases progressing unnecessarily.

If proceedings do follow, we prepare thoroughly and ensure that the case is presented properly, with the right advocate instructed.

Why Clifford Johnstons

We are a specialist criminal defence firm with extensive experience in sexual offence allegations.

Our work is focused on early intervention, careful analysis of evidence, and protecting our clients’ position in cases where the stakes are high.

Speak to a Voyeurism Defence Solicitor

If you are under investigation for voyeurism or upskirting, do not wait. Our specialist Sexual Offence Solicitors provide clear, confidential advice from the outset. As trusted Stockport Solicitors, we represent clients in sensitive and complex sexual offence investigations with discretion and care.

Early action can make a decisive difference.

Need some professional advice?

Do you have any issues that you are worried about? Contact our professional team for a free, no-obligation informal discussion, where we can discuss your particular requirements in greater detail.

 

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