Understanding the Law on Upskirting and Available Defences

Upskirting is a criminal offence in the UK under the Voyeurism (Offences) Act 2019. This law criminalises the act of taking photos or videos underneath a person’s clothing without their consent, with the intent of viewing their private parts. Upskirting has been identified as a form of sexual harassment and a gross violation of privacy, often carried out in public spaces, such as on public transport, at festivals, or in shopping centres.

Given that most upskirting cases involve digital material, expert forensic analysis of this evidence is often crucial. At Allen Hoole Solicitors, we have extensive experience in defending individuals accused of upskirting. Our firm has access to the best forensic, psychiatric, and psychological experts, ensuring that every aspect of the case is examined in detail. Being one of the largest firms in the South West of England, we are able to provide the most experienced solicitor advocates and the best specialist barristers to build a strong defence.

The Legal Framework: The Voyeurism (Offences) Act 2019

The Voyeurism (Offences) Act 2019 made upskirting a specific criminal offence. Under the law, it is illegal to take images or videos underneath a person’s clothing without their consent and with the intention of:

1. Sexual gratification—either for the offender or another party,
2. Causing humiliation, distress, or alarm to the victim.

The law applies in cases where the victim’s private parts—including underwear—are photographed or filmed without consent. Upskirting is a criminal offence regardless of whether the victim is wearing clothing that partially covers them or not.

Penalties for upskirting can include:

• Up to 2 years imprisonment,
• Placement on the Sex Offenders Register (in more serious cases),
• Fines or other legal restrictions, depending on the severity of the case.

Defences Available for Upskirting

At Allen Hoole Solicitors, we provide comprehensive and tailored defences to individuals accused of upskirting. The defence strategies we employ depend on the specific facts and evidence in each case. Common defences include:

Lack of Intent

The prosecution must prove that the accused had the intention of taking images for sexual gratification or to cause humiliation or distress. If the accused had no such intent and the recording was made accidentally or for an entirely different purpose (such as an incidental recording), this can form the basis of a strong defence.

Consent

In certain cases, the defence may be able to show that the alleged victim gave consent for the image or video to be taken. For example, if both parties were in a consensual relationship, or if there was a reasonable expectation that consent had been provided, this could challenge the allegations.

Mental Health and Learning Disabilities

Many of our clients facing charges of upskirting have mental health conditions or learning disabilities, which can impact their understanding of their actions or behaviour. We work with psychiatric and psychological experts to provide assessments of our clients’ mental state, which may reduce culpability or explain why the alleged offence occurred. These assessments are vital in cases where a lack of understanding or awareness is central to the defence.

Forensic Evidence

Upskirting cases frequently involve the use of digital devices, such as mobile phones, to record or photograph the victim. We collaborate with leading forensic experts in digital forensics to carefully examine the devices in question. This can involve analysing metadata from images, recovering deleted files, and assessing whether the alleged offence aligns with the digital evidence. We have successfully demonstrated in some cases that the recording was unintentional or that the images do not align with the charges.

The Importance of Forensic, Psychiatric, and Psychological Experts

In upskirting cases, the role of forensic experts is crucial, particularly when evaluating digital evidence. At Allen Hoole Solicitors, we have access to the best digital forensic experts, who assist in analysing the evidence, including recovering data, verifying the authenticity of images, and determining whether any manipulation has occurred. Additionally, for clients with mental health challenges or learning disabilities, psychiatric and psychological experts can provide critical assessments that may mitigate charges or offer explanations for certain behaviours.

Why Choose Allen Hoole Solicitors?

At Allen Hoole Solicitors, we have a wealth of experience defending individuals against charges of upskirting. As one of the largest criminal defence firms in the South West of England, our team of highly experienced solicitor advocates and specialist barristers ensures that every client receives the best possible defence. Our access to leading forensic, psychiatric, and psychological experts gives us a distinct advantage in handling the most complex cases.

If you or someone you know is facing allegations of upskirting, contact Allen Hoole Solicitors today. We are available 24/7 to provide expert legal advice and representation, ensuring your rights are fully protected throughout the legal process.