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A spokesperson said “what constitutes a ‘private act’ for the purposes of the offence of voyeurism had never been conclusively defined by a higher court” until the case of Richards. The Crown Prosecution Service subsequently confirmed that they would be reviewing their position in respect of Emily’s judicial review. “a defendant can be guilty of an offence of voyeurism even when he is a participant (in relation to having sex) … section 67 of the Act which protects individuals against the recording of any person involved in a private act is not limited to protecting the complainant from someone not present during the act.” Review to take place Richards accepted that filming without consent was a “betrayal of trust” but not that it was an illegal act. The test, according to him, was whether the person had a reasonable expectation of privacy. Richards argued that the issue could not be consent when the place where the offence occurred was shared with another person. She was allowed to put forward the submission that consent should be the primary issue in these cases. Unusually, Emily Hunt was given permission to intervene in the hearing. Richards appealed against his conviction on two charges of voyeurism. Tony Richards had argued that he was allowed to film as a bedroom could not be a private place if he was lawfully present. This decision was made in the case of a man who filmed himself having sex with prostitutes. The Court of Appeal has now ruled that anyone who films a partner, during sex, without their permission is committing the offence of voyeurism. Changes in how Voyeurism is defined Tony Richards It was also argued that it was wrong to say that non-consensual filming of a sleeping person when naked, is not really different, in terms of privacy, to being observed asleep when naked. The real issue was the correct approach to the phrase “doing a private act”. The focus was wrongly on whether she had a reasonable expectation of privacy rather than whether she was doing a private act. In particular, it was argued that the Crown Prosecution Service wrongly treated the question of whether Emily consented to the sex as being decisive of the question of whether she was doing a private act when she was subsequently filmed naked and asleep. The Prosecution upheld their original decision saying that a consensual sex act would involve a person observing your naked body and that the observation could extend to filming.Įmily applied for a judicial review of the decision, submitting that errors of law were made. Under the victim’s right of review procedure, Emily challenged the decision not to prosecute the man for voyeurism. In Emily’s case, the man accepted he had filmed her “in case he wanted to masturbate at some point”, it was also conceded that there was evidence he had filmed her without her consent. he knows that person does not consent to being observed for his sexual gratification.for the purpose of obtaining sexual gratification, he observes another person doing a private act, and.What is voyeurism?Ī person commits the offence of voyeurism if: Emily maintained that any sexual activity was not consensual but did not challenge the Prosecution decision not to charge the man with rape. The Crown Prosecution Service did not authorise any charge, either for rape or voyeurism. Although she is entitled to anonymity, she waived that right to draw attention to her case. She had also been filmed, naked and asleep, without her consent. In 2015 Emily Hunt complained to the police that she had been raped in a hotel room. Covert Filming of Sexual Activity and the Law.
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