Upskirting; FAQs answered

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 Upskirting; FAQs 
answered 
 
 
 
 
 
ABV Solicitors  
 
Smartphones have changed the way people live.  
In the last couple of years due to more people working from home, they have 
become an integral part of how people communicate about work and with 
family and friends.  
But with the rise in the use of smartphones has come the rise in the use of 
the cameras that accompany them, leading to more people taking photos in 
public and not always with the consent of others.  
 
And so, a rise in upskirting has occurred and almost every sexual offence 
solicitor in the UK has been asked for advice relating to this activity.  
In this short guide, upskirting is explored by a sexual offence solicitor, to help 
you make sense of this allegation if you are accused of it. So, read on to learn 
more.  
What is upskirting in the UK? 
According to any sexual offence solicitor, upskirting is a highly intrusive 
practice that is growing by the day in the UK and globally.  
It typically involves one person using a camera, usually on a smartphone, to 
take a photograph underneath someone's clothing without their consent. It is 
usually done on public transport which is busy, as this allows for greater levels 
of physical contact without concern or question.  
It is done to gain a photo of someone’s genitals, buttocks or underwear with 
the idea revolving around sexual gratification for the person taking the photo.  
It is, according to any sexual offence solicitor, a form of voyeurism and those 
targetted can be in any age range and any gender. 
 
 
What is the punishment for upskirting in the UK? 
 
At present in the UK, anyone found guilty of upskirting in the UK can face 2 
years in jail and will be placed on the sexual offender's register, irrespective 
of the age of the person in the photos.  
So, it is not to be taken lightly if you are accused of it. 
I’ve been accused of upskirting, but didn’t do it; what should I do? 
The first thing you should do if you are accused of upskirting is to seek the 
advice of a sexual offence solicitor.  
Although this is a relatively new law and offence in the UK, a sexual offence 
solicitor who is up to speed with ongoing training will be able to represent you 
for this crime. 
Is the law going to change? 
It is uncertain at this time if the law surrounding upskirting is going to change; 
as mentioned before, the law and sentencing surrounding this offence came 
into effect quite recently (12 April 2019) and so, any changes may take time 
to implement.  
How can a solicitor help me if I’m accused? 
A sexual offence solicitor can aid you by helping you to build your defence and 
so, as soon as you are aware that you are going to be accused of upskirting 
or have been accused of it, you should seek their advice.  
Be completely honest with them and they will be able to liaise with the police 
to have any charges dropped and will try to keep the case out of court via 
negotiation. 
 
What crimes can they help me with? 
A sexual offence solicitor is highly experienced in all matters relating to sexual 
offence law. This will include cases such as rape, sexual assault, sexual 
exploitation, sexual grooming, child abuse, indecent images, and historical 
sexual allegations. A sexual offence solicitor will deal with your case in a 
sensitive manner, ensuring that your confidence is respected and your case is 
handled discreetly.  
What will a solicitor do? 
A sexual offence solicitor will support you during questioning at the police 
station, but if charges are brought against you, they will then work upon 
building up the best possible defence case they can to ensure that your 
defence is robust. They will spend time gathering evidence from things such 
as CCTV footage and speaking to expert witnesses, such as those in forensics. 
When your case is first taken to a magistrates’ court and your plea is entered, 
they will represent you here. When your case then goes to the Crown Court, 
they will support your barrister in preparing any further information or 
documentation that they need. Your sexual offence solicitor will be with you 
every step of the way to advise you about what is happening and to explain 
what may happen next. It can be an extremely daunting process, especially if 
you don’t know what is going to happen, so having a legal professional with 
you from the beginning to the end can be very reassuring.  
How do I find a solicitor? 
You may be recommended a good sexual offence solicitor, but otherwise you 
can search for firms that maybe offer service throughout the UK or 24/7 
support for questioning in the police station. You could also search on sites 
such as Legal 500 for the recommended firms and many advertise on their 
websites if they have been endorsed by them and other groups such as 
Chambers and Partners. 
Once you have found your solicitor, you can start to look forward to getting 
the outcome that is fair and just for you and your specific case. Let them take 
the legal pressure off your shoulders and do the level-headed thinking for you 
now. 
 
 
 
 
Sources:  
https://www.abvsolicitors.co.uk/services/sexual-offences/ 
 
https://www.gov.uk/government/news/upskirting-know-your-rights 
 
https://www.cps.gov.uk/crime-info/sexual-offences