Upskirting is a form of voyeurism that involves taking photographs or videos under a person’s clothing without their consent. Though often associated with smartphones and covert recordings in public spaces, it is a serious violation of personal privacy and has been a criminal offence in England and Wales since 2019.
In this blog, our criminal defence team explores the legal definition of upskirting, what to expect if you’re accused, and how Slater Heelis can help you navigate the legal process.
The Legal Definition of Upskirting
In April 2019, the Voyeurism (Offences) Act came into force, making upskirting a specific criminal offence in England and Wales. It is now prosecuted under sections 67A and 67B of the Sexual Offences Act 2003.
The law defines upskirting as operating equipment (such as a phone or camera), or recording an image beneath a person’s clothing, without their consent, and with the intention of:
- Obtaining sexual gratification, or
- Causing humiliation, distress or alarm
It applies to acts committed in public or private spaces where the victim has a reasonable expectation of privacy.
Penalties for Upskirting
Upskirting is triable either way, meaning it can be dealt with in either the Magistrates’ Court or the Crown Court. Sentences vary depending on the seriousness of the case and the harm caused, but can include:
- Fines or community orders
- A custodial sentence of up to two years
- Notification requirements (placement on the Sex Offenders Register)
In cases involving repeat offences or aggravating factors, the courts are likely to treat the matter more seriously.
How Slater Heelis Can Help
Our experienced criminal defence solicitors understand the sensitivity of allegations involving upskirting. We are committed to providing clear, detailed advice tailored to your situation and will support you at every stage, from police interviews to court proceedings.
We also liaise with relevant authorities, including the police and the Crown Prosecution Service (CPS), to ensure that your case is handled fairly and appropriately. If you’re facing an allegation or are concerned about someone else’s actions, speak to us in confidence.
Get In Touch
Rachel Fletcher is the Managing Partner and Head of our Crime & Regulatory team.
She is experienced in police station representation and defending clients in a wide range of cases at Magistrates and the Crown Court, including assault, sexual offences, road traffic offences, offensive weapon possession and youth crime.
If you need assistance with a voyeurism case or would like to speak in confidence, contact us today on 03301 624 681 or fill out our contact form for a confidential consultation.
