It is not only confined to victims wearing skirts or dresses and equally applies when men or women are wearing kilts, cassocks shorts or trousers. It is often performed in crowded public places, for example on public transport or at music festivals, which can make it difficult to notice offenders. The new offences will apply to England and Wales and they will not be retrospective. These offences are triable either way and carry a maximum 2 year prison sentence. Depending upon the particular circumstances, certain behaviour could be prosecuted under existing law such as the common law offence of Outraging Public Decency, or the existing Voyeurism offences under section 67 of the Sexual Offences Act
Voyeurism (Offences) Act 2019
The Law Is Changing On Voyeurism – But Much More Needs To Be Done To Protect Women | British Vogue
The Voyeurism Offences Act c. The Act came into force on 12 April For the purposes of the Act, the relevant offence is committed by creating images of, or operating equipment to view, genitals, buttocks or underwear beneath clothing where they would not normally be visible, for the purpose of sexual gratification or to cause humiliation, alarm or distress. The maximum sentence for the offence is two years' imprisonment and in the more serious sexual cases those convicted are added to the Violent and Sex Offender Register. Before , there was no specific law against upskirting in England and Wales.
Implementation of the Voyeurism (Offences) Act 2019
Voyeurism is a relatively new offence which was implemented by the Voyeurism Offences Act, and introduced 2 new offences. The device or images do not need to be recovered and the person may be found guilty if the act of operating the equipment under the clothing was witnessed. The prosecution will also need to prove that the accused intended to operate the equipment and did not reasonably believe that the other person consented.
When Emily Hunt woke up naked in a London hotel room next to a complete stranger she was confused, scared, and suspected she had been drugged. She gathered her things, went to the bathroom, and called her friend who alerted the police. As she left the hotel room, the police were waiting in the lobby to arrest the man — Christopher Killick — on suspicion of rape. Killick claimed the encounter was consensual and no prosecution for rape was ever brought against him.