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PRIVATE ACT • RECORDING • UPSKIRTING • INTENT

Voyeurism & Upskirting Offences

Voyeurism allegations depend on the precise conduct and statutory route: observing or recording a private act for sexual gratification, operating or installing equipment, or additional offences such as upskirting and voyeurism involving breastfeeding. Device evidence and intention are often central.

KEY ANSWER

The position in brief

Section 67 Sexual Offences Act 2003 covers specified voyeurism conduct involving observation or recording of a private act for sexual gratification without consent, together with certain equipment-related conduct.

Section 67A contains additional voyeurism offences, including conduct commonly described as upskirting. The provision was later expanded to cover specified observation or recording of a person breastfeeding.

Legal issues

The prosecution must identify the precise subsection alleged. For section 67, whether the complainant was doing a “private act”, the purpose of sexual gratification and knowledge of non-consent can be central. For section 67A, the specific physical conduct, purpose and consent requirements differ.

Evidence that matters

Evidence can include phones or cameras, image/video files, metadata, deleted-file recovery, CCTV, device ownership and access, witness accounts, platform or cloud records and forensic examination.

Reasonable lines of enquiry

Reasonable enquiries may include forensic review of the device, file creation and deletion history, user attribution, CCTV showing handling of the device, whether a recording was actually made and contextual evidence about purpose or consent.

What happens next

Investigations commonly involve seizure and forensic examination of devices. Offences under sections 67 and 67A are generally either way and can carry notification consequences depending on the offence and sentence.

Immediate steps

Do not delete files or reset devices. Preserve cloud backups, account history and complete communications. Record who had access to the device and where it was used.

What should you send us?

Send the allegation/charge, police papers, next date, device details, CCTV or image evidence, account/cloud information and chronology.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can identify the correct statutory route, analyse privacy, purpose and consent, test device and file attribution, advise at interview and conduct court proceedings.

Primary legal sources

Sexual Offences Act 2003, section 67 — voyeurism.

Voyeurism (Offences) Act 2019 — inserted section 67A.

CPS Rape and Sexual Offences Prosecution Guidance — current statutory and evidential framework.

CPS Communications Offences guidance — cross-reference for image-based and cyber-flashing conduct.

NEXT STEP

Discuss a voyeurism allegation

Send the alleged conduct, device evidence and police status for a confidential review.

Discuss a voyeurism allegation

FREQUENTLY ASKED QUESTIONS

Questions about this issue

What is a private act for voyeurism?

It is assessed objectively and can include conduct in a place or circumstances where privacy would reasonably be expected, such as changing or toilet facilities. The statutory definition and case law must be applied to the facts.

Is upskirting limited to skirts?

No. The offence is defined by operating equipment beneath clothing to observe or record specified intimate areas in circumstances where they would not otherwise be visible.

Can voyeurism be committed without saving a recording?

Yes. Section 67 includes direct observation for sexual gratification as well as recording and equipment-related conduct.