Voyeurism Offences in Calgary
This covers the activities commonly associated with a “Peeping Tom”. A charge for voyeurism can be an embarrassing event that may change the way your friends, family, and peers treat you.
This offence is made up of the following ingredients:
- Observing or visually recording someone (including using electronic or mechanical recording devices) in secret
- When that person is in a situation where a person can reasonably expect to have privacy, and
- They are in a place where a person can reasonably be expected to be naked, or be engaged in sexual activity
- The person is naked or engaged in sexual activity, and the recording is done for the purpose of catching them naked or having sexual activity
- The recording or observing is committed for a sexual purpose
The most common examples include:
- A person secretly photographing or recording a roommate in their bedroom
- Using a “peephole” to watch someone unchanging or bathing in a private room
- Installing a hidden camera in a public restroom to record users of the restroom
With the increasing prevalence of high-quality camera phones, we expect allegations of this offence to dramatically increase.
Bail Conditions for Voyeurism Offence
You will likely be placed on conditions that you have no contact or communication with the person or people you allegedly recorded. More significantly, you may also be prohibited from attending at certain places if it is alleged you made the recordings there.
Defending Voyeurism Offences
Our lawyers will review all the evidence against you in detail in order to give you a thorough opinion about the strength of the case against you. We will also get your detailed version of events, focusing our analysis on the following important issues:
- Does the Crown have sufficient evidence to prove that you were the person responsible for making the recording?
- Can the Crown prove beyond a reasonable doubt that the alleged victim was in a situation where they had a reasonable expectation of privacy?
- What was your purpose in making the recording?
Defending this offence requires a solid understanding of specific legal concepts. The issue of whether or not a “reasonable expectation of privacy” exists requires the application of a complicated multi-part to test to the given facts. In addition, an excellent knowledge of the law of admissibility of computer or videotape evidence is vital to mounting a high-quality defence.
A conviction for voyeurism can attract a jail sentence of up to 5 years. In addition, you could be placed on probation for up to 3 years, and/or fined up to $5000.
A wide range of resolutions are available depending on the circumstances of the offence and your personal attributes. We will work with you to ensure the best resolution for your case.