In recent years, the UK has seen a significant rise in awareness and legal action against offences like ‘upskirting’.
Recently, The British Transport Police reported a 178% increase of the offence from 2013-2017.
At Slater Heelis, we are committed to not only informing our audiences of the legal world as it develops, but also providing legal representation to those accused of any criminal offences.
What is ‘Upskirting’?
‘Upskirting’ refers to the act of taking a photograph or video under someone’s clothing without their consent, with the intention of viewing their genitals or buttocks.
In 2019, it became a specific criminal offence in England and Wales under the Voyeurism (Offences) Act, carrying potential penalties including imprisonment and being placed on the sex offenders register.
The provisions in the 2019 Act create two new offences:
– Section 67A(1); which criminalises offenders who operate equipment irrespective as to whether an image is recorded under another person’s clothing without that person’s consent or a reasonable belief in their consent, with the intention of viewing, or enabling another person to view, their genitals or buttocks with or without underwear.
– Section 67A(2); which criminalises offenders who record an image beneath the clothing of another person’s clothing without that person’s consent or a reasonable belief in their consent, with the intention of viewing, or enabling another person to view, their genitals or buttocks with or without underwear.
Before the law was passed victims and police in England and Wales were only able to pursue offences of outraging public decency or as a crime of voyeurism. Unlike other sexual offences, victims of those crimes did not have automatic anonymity.
Your Rights When Accused
It’s crucial to understand your rights if you find yourself facing such allegations. You are entitled to consult with a solicitor before answering any police questions. You can also choose not to answer questions until you’ve received legal advice.
Remember, any individual is innocent until proven guilty in a court of law.
We often hear a common misconception of “If I’m innocent, I don’t need a lawyer.”
In these cases, even if you believe there’s been a misunderstanding, legal representation is key to give yourself the best chance of defending yourself against any accusations.
Facing an ‘upskirting’ charge is undoubtedly stressful, but you don’t have to navigate it alone. Everyone deserves a fair trial, and our team at Slater Heelis is committed to ensuring your rights are protected every step of the way.
Call us today on 0330 111 3131 or fill out our contact form for a confidential consultation.