If you are facing voyeurism charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Voyeurism is secretly watching or making a visual recording (such as a picture or video) of a person in an environment where there is reasonable expectation of privacy or for sexual purposes.
Voyeurism is a hybrid offence and conviction can be made either summarily or by indictment depending on the election of the Crown. The maximum jail term upon conviction is incarceration not lasting more than 5 years.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of voyeurism beat the charge. Learn more about why clients choose our firm.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Toronto voyeurism lawyer today by calling (647) 986-8077 or reach us through our contact page.
Key Takeaways
- A voyeurism charge is a hybrid offence, which means the severity of the penalty is dependent on the election of the Crown. See our overview of the election and plea process in Toronto.
- A person convicted by indictment may be incarcerated for a maximum of 5 years, whereas a summary conviction may incur a maximum fine of $5,000, and/or imprisonment for 2 years. Learn more about criminal sentencing in Toronto.
- The accused may be required to sign a promise to appear document, and strict restrictions such as house arrests, curfews, and barring from travel may be imposed.
- Voyeurism charges can be beaten with the help of the quality defence put up by our lawyers at Strategic Criminal Defence.
How can a voyeurism lawyer in Toronto help?
A charge for voyeurism can be very humiliating to deal with and requires the services of an experienced lawyer to help the accused with the process.
Our team of lawyers at Strategic Criminal Defence provide excellent precharge legal advice to help the accused navigate the investigation and trial process. This includes knowing how to interact with and respond to questions from law enforcement agents. The accused will also be guided on the content of their statements and how to interact with the victim to ensure that they do not incriminate themselves further through their statements.
Our defence lawyers will also interview witnesses and examine their statements in order to determine the merits of the case and build a solid defence strategy, and where necessary, expert witnesses may be retained to add credibility to the defence during trial.
Voyeurism Charges in the Criminal Code of Canada
According to section 162 of the Criminal Code:
Voyeurism
162 (1) Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if
(a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity;
(b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or
(c) the observation or recording is done for a sexual purpose.
Examples of Voyeurism Charges
Here are some actions that could get you charged with voyeurism in Toronto:
Secretly watching someone who is changing or bathing in a private room through a peep hole.
- Filming or taking photos of a partner during sex without their informed consent
- Hiding cameras in a private room or public bathroom to secretly record people’s activities, as well as hiding a cellular device under people’s clothes
- Secretly watching a couple in a private room such as a hotel room during sexual intercourse without their consent
Consequences of a Voyeurism Charge
Voyeurism is considered a hybrid offence in Canada; this means the Crown may elect to proceed summarily or by indictment depending on the specific facts of the case. The degree of the penalty is dependent on the election of the crown.
A voyeurism conviction by indictment has a maximum penalty of 5 years imprisonment. If the accused is convicted summarily, there is a maximum fine of $5,000 and/or jail for 2 years.
As with any other type of criminal matter, being convicted for voyeurism may have far reaching effects such as restrictions to employment opportunities (especially with children and vulnerable adults) and travel and immigration difficulties. Upon conviction, the Sexual Offender Information Registration Act (SOIRA) may also require that the offender is registered in the database as a sex offender.
Voyeurism Charge Defences
In the event that the case proceeds to trial, here are a few defence strategies that may apply to your situation, depending on the facts:
- Factual Innocence: The defence may want to proof that the facts of the case do not support the presence of the accused at the scene, or that the accused was secretly observing or making media records of the victim.
- Absence of Key Elements of the Crime: A voyeurism charge rests on two core elements (physical and mental). The defence can cast doubts on any of the elements by proving that based on location or relationship to the accused, there was no reasonable expectation of privacy, or that the method of observation/recording does not support the act being carried out secretly. The defence may also argue there was no sexual purpose to the recording.
- Identity: In areas where there are no surveillance cameras, or where the quality of the available footage is poor, the defence may raise that the accused was wrongly identified.
- Violation of Rights: The rights and freedoms of all persons residing in Canada are contained in the Constitutional Charter of Rights and Freedoms. The defence could raise that the accused was not informed about his/her rights before, during or after arrest.
Voyeurism Charge Investigation
The investigation into a voyeurism charge usually begins when the victim makes a complaint at a Local Police Station. The complainant as well as any witnesses available may be asked to make written statements. On the basis of the details provided, Law Enforcement agents begin the investigation process to find evidence that corroborates the complainant’s claims.
The investigation process may involve reviewing surveillance footages if available, interviewing witnesses, identifying the suspect and confiscating valuable evidence such as mobile phones. Photographs of the crime scene as well as forensic evidence to proof the presence of the suspect at the scene may also be obtained.
An arrest will formally be made when a suspect has been identified, or the suspect could be called in for questioning. Thereafter, a disclosure package will be made available to the crown lawyer, which may also be presented to the accused upon request.
Bail Conditions for Voyeurism Charges
Where the accused has a pre-existing criminal record, or if there are secondary charges such as breaking and entering, a bail hearing may be required which will typically be held within 24 hours upon arrest.
Because voyeurism is a sex related offence, the accused may face strict restrictions such as curfew, house arrest, and travel ban. Further restrictions such as barring of access to the location of the crime may also be imposed and this can have serious consequences especially where the offence was carried out at a place of employment.
The accused may also be prohibited from accessing a weapon and using mobile phones if I was used for the offence. In Toronto, a minimum cash deposit for bail may also be imposed.
