Aggravated Voyeurism
Aggravated Voyeurism is an offence under section 91J(2) of the Crimes Act 1900, which carries a maximum penalty of 5 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You observed a person engaged in a private act
- You did so without the person’s consent
- You knew the person did not consent
- You did so for the purpose of obtaining sexual arousal or sexual gratification, and
- The conduct occurred in circumstances of aggravation.
A person is ‘engaged in a private act’ if:
- He or she is in a state of undress, using the toilet, showering, bathing, or engaged in a sexual act or like activity, or
- A reasonable person would expect to be afforded privacy in the circumstances.
‘Circumstances of aggravation’ exist where:
- The person you observed was under the age of 16 years, or
- You constructed or adapted a building to facilitate the offence.
Defences to the charge include:
- Duress
- Necessity, and
- Self defence.
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