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What to expect if charged with voyeurism

In a recent post we wrote about the “he said, she said” nature of some sexual assault cases. These are not the only types of sex crimes that can be difficult to navigate. So too are voyeurism cases.

Readers may not be aware that there are laws in the province of Ontario that pertain to voyeurism. In place since 2005, these laws can be difficult for the crown to prove.

What is voyeurism?

Voyeurism can take different forms but in generally involves secretly taking photos or videos of another person for a sexual purpose. The images may zoom in to the “private areas” of alleged victims. With the rapid changes in the world of technology, it is becoming easier and easier for interested parties to do.

Key elements of a case

To be successful in such a case the Crown must establish beyond a reasonable doubt that the recordings were in fact taken for a sexual purpose. To that end, the possibility that someone might be recording such images for artistic purposes must be disproved. When the person who is accused of the crime does not take the stand to testify, this may be even more difficult to do.

Mount a strong defence

When someone is accused of this activity, a criminal defence lawyer who handles alleged sex crimes can provide guidance on the best approach to take in defending against the accusations. Whether that approach will include an accused testifying depends on a variety of factors related to the specific fact pattern.

There are some who question whether the law is working as intended. That is at the heart of two cases that the Crown is currently appealing. We will provide updates on the matter as they become available.

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