Upskirting—secretly filming or photographing under someone’s clothing without consent—is common across Australia. A 2019 report by the Australian Institute of Criminology found that 1 in 20 women who participated in a national survey reported to have been targeted. However, despite the name, men can also be victims of this form of digital voyeurism, according to a 2021 article in Current Psychiatry Reports.
When charged, the consequences can be serious. In Queensland, upskirting carries a maximum penalty of three years in prison, while in NSW, aggravated cases can lead to up to five years behind bars. But what if you’re falsely accused? Understanding your legal rights is crucial, and in this article, we break down the laws in Queensland and NSW and explains your options.
If you’re charged or falsely accused of upskirting, don’t wait. Call Hannay Lawyers now!
What is Upskirting?
Upskirting refers to secretly filming or photographing someone’s private areas without their consent, often in public places. Both Queensland and NSW have strict laws against this conduct, imposing serious penalties on those convicted.
Upskirting Laws in NSW
In NSW, upskirting is an offence under Section 91L of the Crimes Act 1900. The law applies when someone takes a photo or video another person’s private parts without their consent. Penalties vary depending on the circumstances:
- Basic offence: Maximum fine of 100 penalty units ($1100) and/or 2 years’ imprisonment.
- Aggravated offence: If the victim is under 16 or the offender modifies a structure (e.g., installing hidden cameras), penalties increase to 5 years’ imprisonment.
For a conviction, the prosecution must prove beyond reasonable doubt that:
- The accused filmed or photographed another person’s private parts;
- It was done for sexual gratification;
- The person had a reasonable expectation of privacy;
- They did not agree to being filmed or photographed;
- The accused knew they didn’t consent.
Upskirting Laws in Queensland
Queensland’s laws take a broader approach under Section 227A of the Criminal Code 1899 (Qld). Unlike NSW, sexual motivation is not required for an act to be classified as upskirting. Key aspects of the offence include:
- Recording another person’s private parts where they would reasonably expect privacy;
- Doing so without consent.
A conviction carries a maximum penalty of 3 years imprisonment.
Legal Defences Against Upskirting Charges
If charged with upskirting, several legal defences may be available, depending on the circumstances:
Lack of Sexual Intent
- In NSW, if the prosecution cannot prove that the recording was for sexual gratification, the charge may not stand.
- In Queensland, this defence is less relevant, as the law does not require sexual intent.
Reasonable Belief in Consent
- If you genuinely believed you had consent to record, and that belief was reasonable in the circumstances, this may serve as a defence. However, proving this in court can be challenging.
Mistaken Identity
- Authorities sometimes identify the wrong individual as the person responsible for the recording. A strong defence could involve challenging the identification evidence.
What to Do If You’re Falsely Accused
False allegations of upskirting can have devastating effects on your personal and professional life. If you’re wrongly accused, here’s what you can do:
Gather Evidence
- CCTV footage that disproves the claim
- Witness statements confirming your whereabouts
- Electronic device records
- Location data from your phone or apps
Defamation Action
If someone has falsely accused you in a public forum, such as social media, you may have grounds for a defamation lawsuit.
Reputation Management
Even if cleared, false accusations can tarnish your reputation. Consider:
- Seeking professional PR assistance;
- Requesting the removal of online content;
- Relying on character references to rebuild trust.
Case in Point
False accusations can cause irreversible reputational damage. A high-profile example is the case of former MP Andrew Laming, who was falsely accused of upskirting in . A 9News report in 2021 claimed he had photographed a woman’s buttocks, leading to public backlash and political fallout. However, the broadcaster later admitted its mistake, withdrew the allegations, and issued a public apology after evidence showed the photo was not lewd in nature. Dr Laming pursued legal action, demonstrating how false allegations can be legally challenged.
Robust Legal Representation
Being charged with upskirting does not automatically mean you will be convicted. Our Brisbane Criminal Lawyers, Gold Coast Criminal Lawyers, and Sydney Criminal Lawyers specialise in sexual offence cases and provide expert legal representation.
Our services Include:
- Case Analysis: We assess the strength of the prosecution’s evidence and identify weaknesses.
- Evidence Gathering: Collecting CCTV footage, digital records, and witness testimonies.
- Court Representation: Defending you in court with strategic legal arguments.
- Negotiations with Prosecutors: Seeking to have charges reduced or withdrawn.
- Confidential Support: Ensuring your case is handled discreetly and professionally.
Next Steps: Protect Your Rights
If you’re charged with an upskirting offence or are falsely accused, take immediate action:
- Do not discuss the case with anyone except your lawyer.
- Preserve any evidence that supports your defence.
- Reach out to us for a FREE and confidential initial consultation.
Talk to one of our team now so you can start protecting your rights and mounting a robust defence.