Voyeurism

Voyeurism can be described as deriving sexual gratification from secretly watching or recording others as they undress or engage in sexual activities. This offence is taken very seriously because it involves a significant invasion of privacy and can cause substantial distress to the victims.

Voyeurism: Criminal Code Definition

According to Section 162 (1) of the Criminal Code, every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if

(a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity;

(b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or

(c) the observation or recording is done for a sexual purpose.

Visual recording includes a photographic, film or video recording made by any means.

Have You Been Charged with Voyeurism? 

If you face voyeurism charges, it is crucial to consult with a knowledgeable criminal defence lawyer who can provide expert advice and robust defence strategies tailored to your case. Call us today for a free consultation at (306) 994-9522.

Penalties and Consequences for Voyeurism

Voyeurism is classified as a hybrid offence, allowing the Crown to decide whether to prosecute the case as a summary conviction or an indictable offence. The severity of the penalties can vary greatly based on this decision and the details of the offence:

• Summary Conviction: Up to two years less a day imprisonment and/or a $5,000 fine.
• Indictable Offence: Up to five years imprisonment.

There are no mandatory minimum penalties for either type of conviction.

Aggravating Factors

• Events were recorded
• Images were distributed or placed in a location where people could access
• Age of the victim
• Relationship of trust
• Planning and deliberation
• Violence or threats of violence
• Attempts to prevent or obstruct the complainant from reporting the offence
• Attempts to dispose or conceal evidence
• Previous related conviction
• Committed while released on bail
• Location of offence, including the expectation of privacy

Summary and Indictable Dispositions Available for Voyeurism

• Discharge
• Suspended Sentence
• Fine
• Fine + Probation
• Imprisonment
• Imprisonment + Probation
• Imprisonment + Fine
• Conditional Sentence

Require Legal Assistance for Your Voyeurism Charge?

Voyeurism charges can have significant legal and social consequences. Engaging an experienced criminal defence lawyer can help navigate the complexities of your case and safeguard your rights throughout the legal process. For a free legal consultation, please call us at (306) 994-9522.

Additional Consequences for Voyeurism

The consequences of a voyeurism conviction can extend beyond immediate legal penalties. They may include restitution orders to compensate victims for their losses, victim impact statement considerations, and potential ancillary sentencing orders such as prohibitions on using certain technologies.

Defending Against Voyeurism Charges

To secure a conviction for voyeurism, the prosecutor needs to prove that you secretly watched or recorded someone in a setting where they expected privacy. Additionally, it must be shown that the observation or recording was done for a sexual purpose and without the consent of the person involved. 

If the evidence against you was obtained through an unlawful search of your phone or computer, you might argue that this violated your rights under the Charter of Rights and Freedoms.

Don’t Face Your Voyeurism Charge Alone

An experienced criminal defence lawyer is essential when facing a voyeurism charge. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your voyeurism case.

Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer

Don't hesitate to reach out to us if you have been charged with voyeurism. Call (306) 994-9522 and a skilled criminal defence lawyer will discuss your voyeurism case with you and explore your options.