Being charged with voyeurism can often be a very challenging, and sometimes embarrassing, experience.
Under the Criminal Code of Canada, you may be charged with voyeurism if you observe or record a person when they have a “reasonable expectation of privacy”. You have probably heard of a “Peeping Tom”, where someone hides outside a window in order to watch the inhabitant in their bedroom. But other examples include placing recording devices in washrooms or looking through a “peephole”.
The law recognizes that there are certain situations and places where one might reasonable expect a certain amount of privacy from others, such as in the washroom or shower. The law further recognizes that in such place and situations, it can reasonably be expected that a person may be nude, exposed or engaged in sexual activity.
Voyeurism is “hybrid” offence. This means that you may be prosecuted in one of two different ways: through summary conviction or indictment. The decision of how to prosecute is made by the Crown Prosecutor without the Court’s intervention. A number of facts may influence the Prosecutor’s decision, such as the context of the alleged offence and the age of the complainant (the alleged victim).
A summary offence is generally considered less serious and will be heard by a Provincial Court Judge. Indictable offences, on the other hand, are considered to be more serious and generally attract a higher punishment at sentencing. Whether the offence is prosecuted through summary conviction or indictment will influence the possible sentences available to you if you are convicted at trial or choose to plead guilty.
When You Are First Charged
When you are charged, you may not be formally arrested. Instead, you may be given a Promise to Appear or an Appearance Notice. If you are taken into police custody, you may be released on an Undertaking which may contain conditions. In some situations, you may be detained and require a Bail Hearing. In this case, a Justice decides whether you should be released prior to trial, and what conditions you must follow.
Release Conditions
If you are released from police custody, you will likely be required to follow certain conditions, such as not contacting the complainant or not attending a certain address (such as where the alleged offence occurred).
What You Can Expect
Facing a voyeurism charge can be frightening and extremely challenging without assistance. Those charged sometimes feel embarrassed and isolated from their friends and families. Mr. Y Rory Ziv understands the sensitive nature of this offence and the challenges that come with them. He will assess the case against you and will work with you to obtain the best possible result, whether that is a reduction at sentencing if convicted, a withdrawal of the charge, or even a full acquittal at trial.
Sentencing
Sentencing is unique, and takes into a number of factors. With that said, possible sentences for a conviction of voyeurism include:
- Jail (Up to 5 Years)
- Fines
- Probation
- Discharge