What is Voyeurism?
Section 162 (1) of the Criminal Code outlines criminal voyeurism specifically. This section states that anyone observing or recording another person secretively, where there is a reasonable expectation of privacy, may be committing a criminal offence. The situations include:
- A person being nude or engaged in explicit sexual activities.
- The recordings or observations being done for a sexual purpose.
This broad framing means that even taking photos in public places or making copies of consensual sexting images could lead to criminal charges.
Criminal Code s. 162(1)
Ontario police can press charges for criminal voyeurism under Section 162 (1) of the Criminal Code of Canada for various forms of digital and physical surveillance. The law, originally aimed at preventing hidden camera usage in private areas like locker rooms, now encompasses a broader range of activities due to technological advancements.
Forms of Charges:
- Hidden Cameras
- Screenshot Captures
- Facetime and Webcam Recordings
Punishments and Consequences
Those convicted of voyeurism charges can face serious repercussions. The offence can be treated in two main ways:
- Indictable Offence: Punishable by up to five years in prison.
- Summary Conviction: Less severe but still carries significant penalties.
Judges have a broad range of options when sentencing. Although a discharge is possible, it’s common for first-time offenders to receive a jail sentence. Courts often seek heavy punishments due to the nature of the crime.
One of the key aggravating factors in these cases is the potential spread of photos or videos of victims online. If such media are shared or threatened to be shared, harsher penalties are likely.
Additionally, offenders might also face charges under Section 162.1 (1) of the Criminal Code for distributing intimate images without consent.
Consequences of Convictions:
- Criminal Record: A conviction results in a permanent criminal record.
- Employment and Volunteering: Affected ability to work or volunteer, especially with vulnerable groups.
- Travel Restrictions: Convicts may face difficulties travelling to the USA and other countries.
- Deportation: Non-Canadian citizens may be deported or have their immigration applications denied.
The nature of voyeurism as a sexual offence means that such accusations can have a long-lasting impact on an individual’s life. Penalties can include:
- Jail Time or Imprisonment
- Fines
- Probation
- Conditional Sentences
- Registration on the Sex Offender Registry
Screenshots and Recordings
Voyeurism charges in Ontario can be brought against individuals who take screenshots or video recordings of webcam, Facetime, or Zoom sessions without the other party’s knowledge or consent. The core issue revolves around the reasonable expectation of privacy.
When individuals engage in intimate conversations through electronic means, they may undress or engage in sexual acts intentionally for the other person to see live. If one party decides to secretly capture or record the event, police may charge them with voyeurism. This can occur if the alleged victim claims that the recording was done without their knowledge, which means it was done surreptitiously.
Legal Defence
Given the severe nature of the penalties, those charged with voyeurism are strongly advised to seek the assistance of a criminal lawyer to defend their case. Each charge has unique circumstances that might influence the court’s decision, making legal representation crucial for a fair defence.
Effective legal representation can argue against the assumption of a sexual purpose and present alternative explanations for the behaviour in question. This can make a significant difference in the outcome of the case and its long-term impact on the accused.
Free Consultation with Kruse Law Firm
Remaining silent and speaking only through a lawyer is extremely important if facing voyeurism charges. Kruse Law Firm knows your legal rights and is experienced in creating strong legal defence strategies for the accused. Contact us for a free consultation to discuss your legal options.