What is Voyeurism?
Voyeurism is a criminal offence, which involves observing a person or persons engaged in a private act, for the purposes of arousal or sexual gratification. The act of observation is done without the consent of the person or persons.
Voyeurism can be done in the immediate vicinity of the victim or victims. However, it can also include observing the private act from a distant location, such as filming with hidden cameras being placed in dressing rooms and toilets.
Obscene Exposure & The Law
The offence of Voyeurism is set out in Section 91J of the Crimes Act 1900 (NSW).
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused observed a person or persons engaged in a private act without their expressed consent
The accused was aware that the person or persons would not consent to being observed
It was committed for the purpose of sexual gratification or arousal
Going to Court – “What am I looking at?”
Voyeurism is a criminal offence which is treated seriously by the Courts, as it involves the invasion of privacy of another person. The maximum penalty for such an offence is 2 years imprisonment and/or a fine of up to $11,000.
The installation of devices in a public place, room or building designed to enable voyeurism be performed, is also a criminal offence, which can also carry up to 2 years imprisonment. This applies even to those circumstances where no voyeurism has occurred, but simply the installation of the devices.
Voyeurism & Circumstances of Aggravation
The circumstances of aggravation can include:
If the victim is under 16 years of age
If the accused modified a place or building in any way to enable the act of voyeurism to occur
If the Prosecution are able to prove that there are aggravated circumstances during the commission of the act of voyeurism, the maximum penalty can be up to 5 years imprisonment.
Lawyer Call – here to help..
Contact our experienced team of defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge, with a clear breakdown of the alleged facts, the application of the relevant Legislation, and the options you have taking into account all the evidence.
Alternatively, if a plea of guilty is more appropriate in the circumstances, our criminal lawyers have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist your case and present the best possible submissions before a Magistrate for a more lenient sentence and favourable outcome.
If you have been charged with Voyeurism, a strong legal team is required to not only fight for your rights and freedom, but also your public image and reputation. Contact our office immediately for expert legal advice.