Voyeurism had been added to the Criminal Code of Canada in the year 2005 for addressing a concern that the brand new technologies can be used for spying on other people for some sexual purpose. Criminal lawyers Toronto states that the conviction on voyeurism can cause some irreparable harm to the reputation of a person and can effect his/her employment. As a matter of fact, a person who has been convicted of voyeurism is going to be placed on the sexual offender of Canada for more than a decade.
What is Voyeurism?
As per section 162 of Criminal Code, a crime of voyeurism is committed when someone secretly observes another person records them where the person who is being observed has a reasonable expectation of privacy. The secret observation or recording has to capture expected or exposure of the genitals, breasts, sexual activity, or had been for a sexual purpose.
It is also a crime to copy, print, distribute, publish, sell, or circulate the voyeurism recording in a case where the person who has the recording knows that it had been secured illegally. Criminal lawyers Toronto state that the recording includes a film, photograph, or a video recording.
What is Secret Recording?
A secret recording has been interpreted by the courts by using the meaning from the dictionary. Some of the instances of voyeurism prosecutions handled by Criminal lawyers Toronto are as follows.
- The video images captured by the way in which the camera is concealed in the room of the step-daughter.
- A video camera which is hidden in the waste basket so as to get an angled view of the toilet.
- A person relieving himself at an office toilet secretly photographed by a co-worker who is seated in the toilet cubicle close by.
What is the Person Recording is Not Doing It in Secret?
A judge of recent criminal case have concluded that clicking photo on a nude public beach using a compact camera from a distance that has not be concealed, disguised, or miniaturized even if most of the photos from taken from the side or behind the subject, it doesn’t render the act surreptitious. The accused person had been found guilty of voyeurism since he did not make a surreptitious recording.
What Locations Creates a Reasonable Expectation of Privacy?
It is pretty difficult to define the boundaries of the place which attracts reasonable expectation of privacy and the courts are decided on the basis of the totality of the circumstances. Criminal lawyers Toronto mention that in context of voyeurism charge, places where the person is expected to be nude have to be found to have,
- The urinal of men at the accused workplace as using it.
- The bathroom of the matrimonial home.
- A women’s shower area that is clearly marked where the accused mail entered while the female complainant takes a shower.
A dry good storage room which also doubled as a change range for the females and male employees wasn’t a place in which there is a reasonable expectation of privacy.
In order to assert where a recording or observation has been made on sexual purpose, the Criminal lawyers Toronto is going to view the recording through the eyes of the sexual observer rather than checking what is in the mind of the person who has made the recording.