Upskirting allegations are treated seriously by the police and can lead to prosecution, imprisonment, and in some cases notification requirements associated with sexual offences. The law in England and Wales was strengthened by the Voyeurism (Offences) Act 2019, which amended the Sexual Offences Act 2003 to create a specific offence covering conduct commonly described as upskirting.
This article explains what behaviour the law covers, how the offence is prosecuted, and the penalties the courts can impose.
What is upskirting?
Upskirting is an offence whereby a person takes a picture or video under a person’s clothing without their permission. Acts of upskirting often take place in public, such as on transport, in nightclubs, or in other crowded places where the actions of the perpetrator are harder to spot.
The offence of upskirting has been illegal since 2010 in Scotland, but it was not until 2019 that this was replicated in England and Wales following the passing of the Voyeurism (Offences) Act 2019. This was in large part due to the hard work of campaigner Gina Martin, herself a victim of this crime at a summer festival.
How did the Voyeurism (Offences) Act 2019 change the law?
Prior to the Voyeurism (Offences) Act 2019, the police could only prosecute a person carrying out the act of upskirting under the related but rather unspecific offences of “outraging public decency” or as a “crime of voyeurism” under the Sexual Offences Act.
The Voyeurism (Offences) Act 2019 specifically makes upskirting a sexual offence and transposes these changes into section 67 of the Sexual Offences Act 2003.
Specifically, it is an offence to operate or record equipment beneath the clothing of another person to enable the person carrying out the Act (or another person) to observe the victim’s:
- genitals or buttocks (whether exposed or covered with underwear), or the underwear covering B’s genitals or buttocks, where the genitals, buttocks or underwear would not otherwise be visible
- without the victim’s consent and without reasonably believing that the victim consents
- for the purposes of obtaining sexual gratification, or humiliating, alarming or distressing the victim
What happens if I’m found guilty of upskirting?
If found guilty of an upskirting offence, you may receive a summary conviction with a sentence of up to 1 year in prison and/or a fine. Those found guilty of a serious offence in the Crown Court may be imprisoned for up to 2 years. If the offence is committed for the purpose of obtaining sexual gratification and other relevant conditions are met, the offender will be placed on the sex offenders register.
If you are facing an investigation or prosecution in relation to upskirting or another sexual offence, our specialist Criminal Law Barristers and Solicitors can help. You can contact us through our contact page here.