Voyeurism
What is Voyeurism
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:
- “Reasonable expectation of privacy” generally covers situations like being nude, partially nude, or engaging in explicit sexual activity, usually in a private place.
- You don’t have to physically be present – remote viewing (hidden cameras) counts.
- It’s a separate offence to share or distribute those voyeuristic images, with even more severe potential consequences.
Common Evidence
- Witness statements (the victim or someone who discovered the recording device).
- Digital images, videos, or recordings obtained from your devices.
- Testimony from experts on digital forensics if devices were seized.
- DNA or fingerprints recovered from cameras or other equipment.
Penalties for Voyeurism
Voyeurism is a hybrid offence, meaning the Crown decides how to proceed:
Summary Conviction: Less serious cases.
- Maximum Penalty: Up to 24 months in prison and/or a $5,000 fine.
Indictment: More serious cases, often when the victim was especially vulnerable, or there was significant distribution of recordings.
- Maximum Penalty: Up to 5 years in prison.
How We Can Help
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:
- You didn’t make the recording, or there’s mistaken identity.
- The person was not in a situation with a reasonable expectation of privacy.
- Challenge if the images are truly voyeuristic, or whether the situation was as explicit as alleged.
- Evidence linking you to the crime is insufficient, unreliable, or obtained unlawfully.
Frequently Asked Questions
What if I recorded myself having sex, but someone else found it?
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.
Does it matter if I didn't publish the images online?
While a factor in sentencing, even privately recording someone without consent is a crime.
Is it a defence if the person later consents to me keeping the images?
No. The crime occurred at the time of the non-consensual recording.
Let's Talk About Your Case
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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