What to do if you have been recorded doing a private sexual act without your consent
Access the advice and information on this page in a video format below:
What is Voyeurism?
In the UK, it is against the law to record a private or sexual image or video of someone without their knowledge or consent for sexual gratification. This is covered under Section 67 of the Sexual Offences Act (2003).
There are four main offences within the voyeurism legislation:
- Getting sexual gratification from watching another person doing a private sexual act and not knowing they have been watched
- Operating equipment with the intention of having them or someone else watching for sexual gratification from an unconsenting person doing a private act
- Recording an unconsenting person doing a private act and does with intention of them or someone else getting sexual gratification
- Installing equipment, or constructs or adapts a structure or part of a structure with the intention of watching an unconsenting person doing a private act for sexual gratification
If someone is found guilty of this offence, they can receive a maximum prison sentence of two years.
What is Upskirting and when was it criminalised?
In 2019, upskirting was included in a subsection of voyeurism within the Sexual Offences Act (2003).
It made it an offence for someone to:
- Operate equipment beneath the clothing of another person with the intention of themselves or someone else seeing the buttocks, genitals or underwear of the person recorded, without their consent or a reasonable belief that they consent.
- Record images under someone’s clothing of their buttocks, genitals or underwear in order to view it themselves or show it to someone else, without the consent of the person recorded.
The law requires that there is an intention on the part of the perpetrator to either; obtain sexual gratification, or cause humiliation, alarm or distress to the victim.
Someone found guilty of this offence will face a maximum of two years in prison. All voyeurism offences are classed as Sexual Offences: this means that the victim is entitled to anonymity, meaning that they won’t be identified by the media nor any information that might identify them such as a photo or address.
What to do if you've been a victim of Voyeurism or Upskirting?
Keep calm and don't panic.
You haven’t done anything wrong and what’s happened is not your fault. You are not alone and we are here to help you. We know it’s easier said than done but try to keep calm and follow this advice.
Collect evidence
Collect evidence of what has happened, this may include; details of the perpetrator, where it happened and screenshots of any communication where you have been told about the content.
It’s against the law in the UK to record a sexual image or video without knowledge for the purpose of gaining sexual gratification. The legislation will depend on when this happened and in what country, please find more information about this here.
You can get in touch with the police using their non-emergency 101 number or you can find info about reporting to the police online here.
Remember, you are a victim of crime. Be prepared that they may not know the best way to deal with your problem, but you should always expect a non-biased, non-judgemental response.
Make sure you keep a record of your log/case number so the police can quickly access your details if you want to add additional information or get an update on the investigation. It will also save you having to repeat what has happened over and over which may be distressing for you.
If you are in any immediate threat of physical danger or risk, call 999.
Accessing free legal advice
Find information about services offering free legal advice for victims of intimate image abuse. Please find more information and details about the services here.
