Voyeurism is a criminal offence under Section 91J of the Crimes Act 1900 (NSW). It refers to the act of secretly observing someone involved in a private act, such as undressing or engaging in sexual activity, without their consent, and typically for sexual gratification.

General Voyeurism Offence

To secure a conviction for a general voyeurism offence, the prosecution must prove the following elements:

• The accused observed a person engaged in a private act;
• The observation occurred without the person’s consent.
• The accused knew the person did not consent; and
• The act was done for sexual arousal or gratification.

Penalties

• A maximum fine of 100 penalty units
• Up to 2 years’ imprisonment
• Or both

Aggravated Voyeurism Offence

An aggravated offence includes all the elements of general voyeurism, but with additional circumstances of aggravation. These aggravating factors increase the severity of the offence.

Aggravating Factors Include:

• The victim is under the age of 16
• The offender built or modified a structure (such as a hidden room or camera setup) to commit the offence

Penalties

• Up to 5 years’ imprisonment

Definitions

• Private Act: Includes activities such as undressing, being naked, or engaging in sexual activity where there is a reasonable expectation of privacy.
• Consent: The person must give clear agreement to being observed for the purpose of sexual gratification.
• Sexual Gratification: The accused must have been motivated by the intention of sexual pleasure or arousal.

Consequences of a Conviction

Being convicted of voyeurism can have long-lasting and serious legal effects, such as:

• Criminal Record: A permanent record that may affect employment, travel, and other areas of life.
• Imprisonment: Depending on whether the offence is general or aggravated, prison sentences may apply.
• Additional Legal Implications: Courts may issue restraining orders or impose other conditions.

Possible Legal Defences

There are several defences that may apply in voyeurism cases, including:

• Lack of intent to observe for sexual gratification
• Mistaken belief that the person had consented
• Actual consent is being given by the person being observed

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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