Voyeurism involves secretly watching or recording others without their knowledge as they undress or participate in sexual activities, often for sexual gratification. This offence is considered very serious due to the significant violation of the privacy of the victims and the significant emotional distress it can cause 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.
Facing Voyeurism Charges?
If you've been charged with voyeurism, it's essential to seek the guidance of an experienced criminal defence lawyer who can offer expert advice and develop a defence strategy specifically for your situation. Contact us today at (855) 585-1777 for a free consultation.
Penalties and Consequences for Voyeurism
Voyeurism is a hybrid offence, meaning the Crown may choose to prosecute it either as a summary conviction or as an indictable offence. The penalties depend significantly on this choice and the particular circumstances of the case:
- Summary Conviction: Punishable by up to two years less a day incarceration and/or a $5,000 fine.
- Indictable Offence: Punishable by up to five years incarceration.
No minimum penalties are mandated for either conviction type.
Aggravating Factors
- Distribution or accessibility of images
- Victim's age
- Recording of events
- Pre-planning and deliberation
- Use of violence or threats
- Breach of trust
- Attempts to destroy or hide evidence
- Prior related convictions
- Efforts to hinder the victim from reporting the crime
- Offence committed while on bail
- Offence location, considering privacy expectations
Summary and Indictable Dispositions Available for Voyeurism
- Discharge
- Suspended Sentence
- Fine
- Fine + Probation
- Imprisonment
- Imprisonment + Probation
- Imprisonment + Fine
- Conditional Sentence
Need Legal Advice for Voyeurism Charge?
The implications of a voyeurism charge can be profound. Working with a seasoned criminal defence lawyer can help you effectively manage the challenges of your case and protect your rights throughout the legal proceedings. Call us at (855) 585-1777 for a free consultation.
Additional Consequences of a Voyeurism Conviction
The repercussions of being convicted for voyeurism go beyond the direct legal penalties. These might include orders for restitution to compensate the victims for their losses, consideration of victim impact statements, and possibly additional sentencing measures like restrictions on the use of certain technologies.
Defending Against Voyeurism Charges
To convict someone of voyeurism, the prosecution must demonstrate that the accused secretly observed or recorded another person in a place where that person expected privacy. It must also be proven that the observation or recording was conducted for a sexual purpose and without the consent of the individual involved.
If the evidence against you was sourced from an illegal search of your phone or computer, you could challenge the admissibility of this evidence by arguing that it breached your rights under the Charter of Rights and Freedoms.
Don’t Face Your Voyeurism Charge Unaided
A seasoned criminal defence lawyer is vital when dealing with a voyeurism charge. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you have been accused of voyeurism. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.