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18 Nov 2022

Upskirting is the act of taking a picture or video up a person’s skirt without their consent. It’s a growing problem in the UK and one about which many people are unaware of their rights when they feel they have been a victim. In this article, we’ll be looking at what upskirting is, the legal penalties for it, and how to respond if you’re unfortunate enough to be accused of this illegal act.

At ABV Solicitors, we have a sexual offence solicitor who is dedicated to helping those accused of sexual offences to seek justice. We will work with you, any witnesses and legal entities to ensure that your rights are met and that you receive a fair trial should it go that far.

But, what are the laws concerning upskirting in the UK? And what are the best defences against being accused? Read on to find out more from our sexual offence solicitor.

What is upskirting?

Upskirting is a criminal offence in the UK under the Sexual Offences Act 2003. The law states that it is illegal to take pictures or videos up someone’s skirt without their consent, regardless of whether they are wearing underwear or not.

The maximum penalty for upskirting is two years in prison and a fine. However, in practice, most perpetrators are only charged with a public order offence, which carries a maximum penalty of £1000. This is still a criminal offence, but it’s significantly less serious than other offences under the Sexual Offences Act. This is precisely why if you are accused of this, you need to contact our sexual offence solicitor.

What you should do if you are accused of upskirting

If you’re accused of upskirting in the UK, there are a few things you should do to protect yourself. Firstly, remain calm and polite.

However, if you’re arrested, you will probably need to employ our team as soon as you get to the station, so give us a call. We can help you build a defence case and may be able to get the charges reduced or dropped altogether.

Defences against upskirting

When it comes to upskirting in the United Kingdom, some legal defences can be used. One is that the person taking the photograph or video did not realise that they were taking a picture of the underwear or genitals of the person who was being photographed.

Another defence is if the person taking the picture had a reasonable excuse for doing so. For example, if they were taking pictures of someone who was wearing underwear as part of a fashion show, then this would be a reasonable excuse.

If you have been accused of upskirting, it is important to speak to our team as soon as possible to find out what your options are and to get advice on how to best defend yourself. If possible, keep any evidence you have on your phone, tablet or other devices. This will work well in your defence and show that you are innocent, or that there has been a misunderstanding.

We will be happy to defend you, so call our team at ABV Solicitors today for more advice.