Voyeurism
Voyeurism is an offence under section 91J(1) of the Crimes Act 1900, which carries a maximum penalty of 2 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, and
- You did so for the purpose of obtaining sexual arousal or sexual gratification.
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.
Defences to the charge include:
- Duress
- Necessity, and
- Self defence.
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