Is Voyeurism a Criminal Offense?

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It can be difficult to keep track of all of the crimes that exist, but many people may not know that voyeurism is actually considered a crime. They may think that no one was injured in the commission of the act, however, it is taken very seriously. So what exactly is voyeurism?

What Is Voyeurism?

The act of voyeurism has been committed when someone secretly views another person in what should be a private place/space. There should be an expectation of privacy, such as in a home or hotel room. Where it becomes a criminal act is dependent on the intent and what the person is witnessing at that time. For example, if the intent is to watch another person for the purpose of sexual arousal, then voyeurism as a crime has been committed, and legal services have to be involved.

What Private Actions Have To Be Performed?

The crime is usually charged when the perpetrator did not have permission to observe, and the watched individual is in the act of sexual relations. They have not provided consent for another person to watch, and the voyeur knows that the other person did not provide consent to witness these acts.

Voyeurism Through Digital Means

With the current age of technology, it has been easy for other people to commit the act of voyeurism without being discovered. Cameras can be hidden in a person’s home, they can hack into video cameras on computers, and a phone can be used to take pictures or videos of someone engaged in sexual relations, all without the victim ever knowing. However, these acts are still regarded as voyeurism.

Voyeurism And Arousal

When voyeurism has been committed for the purpose of sexual arousal, it is done at the expense of the victim, because there is no permission or consent. Even if the victim is unaware at the time but learns of it later, the voyeur can still be charged with the crime. Charges for voyeurism are harsh in varying degrees, depending on whether the act was committed through a window, using an electronic device, or being in the victim’s house.

Are There Any Defences For Voyeurism?

There has to be the intent to commit the act rather than just the act being connected to the person. There must be foresight and willful actions taken to commit the nonconsensual viewing of another person engaged in sexual acts.

So one defense against a charge of voyeurism includes the other party being aware of the other person’s presence and consented to them being there. Another defense is that the location does not have a reasonable expectation of privacy. Lastly, a third defense is that the person being charged did not have the requisite intent to commit voyeurism.

If you’re charged with voyeurism, it will be the job of your attorney to prove that the crime was not voyeurism or that there are challenges to the evidence or the charges being raised. A valid argument needs to be provided against the prosecution’s claim that an act of voyeurism has been conducted.


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