Definition: Section 162 of the Criminal Code of Canada defines voyeurism as secretly observing or recording someone in a situation where there is a reasonable expectation of privacy. This applies to both visual observations and recordings.
Important Points:
Common Evidence
Voyeurism is a hybrid offence, meaning the Crown decides how to proceed:
Summary Conviction: Less serious cases.
Indictment: More serious cases, often when the victim was especially vulnerable, or there was significant distribution of recordings.
Securing Your Release: An arrest for voyeurism will often involve a bail hearing. We’ll work tirelessly to advocate for your release with reasonable conditions to minimize any disruption to your life while the case proceeds.
Fighting the Charges: Every voyeurism case rests on specific details. We’ll look closely at all aspects to build a strong defence:
It depends on whether you took steps to prevent it from being seen, or if the distribution by the other person is the more harmful issue.
While a factor in sentencing, even privately recording someone without consent is a crime.
No. The crime occurred at the time of the non-consensual recording.
Voyeurism charges are very serious and carry the risk of a criminal record and possible jail time. Seeking legal advice as soon as possible is crucial to understand both the charges and your options. Contact us for a free case review to discuss your situation and potential defences.
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