Ottawa Voyeurism Lawyer

Voyeurism is a criminal charge that has become far more common in the past two decades, with the increasing influence of smartphones and the Internet in people’s lives.

It’s easier than ever to make a recording of another person. When a recording is made without that person’s consent and in an area where reasonable privacy can be expected, it is regarded as a criminal act.

A charge of voyeurism can severely impact you legally and reputationally, with a lifelong criminal record, possible registration on the sex offender’s registry, and potential time in custody.

Yet many people are wrongly accused of voyeurism—and still suffer adverse consequences.

At David Anber’s Law Office in Ottawa, our lawyers are experienced in dealing with cases involving voyeurism and can defend the charges against you to help limit the impact on your future.

What is voyeurism?

Voyeurism is a criminal offence committed by an individual who observes or records others in a place where they have a reasonable expectation of privacy, such as when they are naked in the shower or engaged in sexual activity at home.

Often, this crime involves someone caught filming another person in secret and without their knowledge or permission for sexual purposes—but sexual gratification is not necessary for criminal charges to be filed.

The Criminal Code of Canada deals with voyeurism comprehensively in the following description:

“Everyone 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.”

It should be noted that voyeurism nowadays often includes the element of recording rather than simply observing another individual (like a “Peeping Tom”).

For instance, secretly filming the next-door neighbour in the shower or using a hidden camera in a public bathroom are cases where voyeurism charges are highly likely to be laid against an apprehended individual.

However, defendants in voyeurism cases are sometimes unaware that they were even committing a crime. Some may have been filming for innocent purposes but their actions are interpreted differently.

These cases can become complex but it’s unreasonable for an individual to have to pay a heavy price (often for the rest of their lives) if they were, indeed, acting innocently. The sex crime lawyers at David Anber’s Law Office will ensure that the charge against you is defended skillfully and vigorously.

What are the penalties for a voyeurism conviction in Ottawa?

Voyeurism is a hybrid offence in Canada, which means that it can be prosecuted as a summary conviction offence or by indictment. The latter is more serious but summary prosecutions are more common for this offence.

The maximum penalty for a summary voyeurism conviction is two years less a day incarceration in a provincial jail. There is no mandatory minimum penalty for this offence. Probation may also be required and/or a fine of up to $5,000 imposed.

For an indictment, there is also no minimum penalty, but the maximum sentence is 5 years incarceration. 

If aggravating factors apply, such as abusing a position of trust or if the subject of the voyeurism is a minor, these will be taken into account when prosecuting and sentencing.

Besides the criminal penalties for voyeurism, there is often reputational damage for anyone accused of the crime, even if they are later proven to be not guilty. Damage to family relationships may also result for some people.

The arrest, charge, and conviction will also form part of a lifelong criminal record, which can affect the offender’s employment, travel, immigration status, and more.

While a simple charge for voyeurism does not usually require registration on the National Sex Offender Registry (NSOR), if an offender is convicted and the prosecution proves he/she was planning to commit sexual assault or another sex-related crime, the judge can order the offender to register on both the NSOR and the Ontario sex offender registry, which is the provincial database.

This entails providing information such as one’s name, address, and photographs, which will appear alongside a description of the associated offence.

Possible defence strategies for voyeurism charges

Our lawyers aim to limit the effects of a voyeurism charge on your future and to push for case dismissal if possible.

Building a defence against a voyeurism charge usually focuses on one of the following strategies:

• Weaknesses in the technical and/or circumstantial evidence presented by the prosecution.
• Possible Charter rights breaches during the arrest, search or charging process.
• The assertion that the recording was not made for a sexual purpose.

To achieve a conviction, the Crown must prove that you are guilty beyond a reasonable doubt. This is a necessarily high bar and, often, viable defences from experienced criminal defence lawyers can cast doubt on the prosecution’s version of events.

Our Ottawa defence lawyers will thoroughly investigate your case, examine the evidence against you, substantiate your defence and, if necessary, represent you at trial.

Defending a voyeurism charge in Ottawa

In Canada, we value the presumption of innocence and the right to defend yourself against charges. As a Canadian citizen, you must legally be seen as innocent of the charge until you are proven to be guilty.

However, the potentially serious consequences of a voyeurism charge for individuals and families mean that seasoned legal advice is essential.

David Anber’s Law Office has considerable experience in representing people accused of sexual offences, defending sex crime charges, and dealing with the reputational damage that often accompanies such charges. We will handle the matter with sensitivity and offer a vigorous defence.

To schedule a free consultation to speak with one of our experienced criminal defence lawyers, call us toll-free at 1-888­­-989­­-3946 or contact us online.