If you have been charged with a crime, the best way to protect your rights is to hire a criminal lawyer to handle your case. If you have any questions about your specific case, we have lawyers on staff who would be happy to speak with you.
Understanding The Crime Of Voyeurism And Potential Sentencing
Voyeurism is a relatively new offence in the Criminal Code, added only in 2005 (notably the same time period that cameras were just starting to become a regular fixture on cellphones).Voyeurism makes it a crime to record or watch a person for a sexual purpose when they have a reasonable expectation of privacy. In other words, with the enactment of this provision of the Code, it is a criminal offence to record or photograph a person in a change room, bathroom, etc. A person is said to have a reasonable expectation of privacy when any of their genital region, anal region or breasts are exposed. This crime is punishable by a maximum of 5 years imprisonment and there is a separate offence for distributing (selling, copying, printing, etc.) any such prohibited recording.
Elements Of The Offence Of Voyeurism
In order to be captured under the voyeurism charge, the recording must be surreptitious (done secretly without the knowledge and/or consent of the subject) and there must have been a reasonable expectation of privacy. Both of these elements must be met in order for a conviction to occur. As an example, a security guard watching a camera and observing a young couple engaging in sexual activity in an alleyway, would likely not be said to be committing voyeurism as there is no reasonable expectation of privacy in public. On the other hand, were a hotel employee, to install hidden security cameras and observe customers within their hotel rooms, a voyeurism charge would likely follow.
Being charged with any offence, but especially an offence of a sexual nature can be a highly stressful event for an accused and their family. It can be incredibly challenging to handle such matters on your own. The best way to protect yourself and ensure a just outcome is to hire a criminal defence lawyer to work on your case. Mehdi Au LLP has criminal lawyers on staff who would be happy to assist you. We accept both Legal Aid and private clients.
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