Voyeurism

Voyeurism is a criminal offence that involves observing or making a recording of another person in circumstances where they have a reasonable expectation of privacy. It is a serious offence that can result in criminal charges and potential imprisonment. If you are facing voyeurism charges, it is essential to seek the advice of an experienced voyeurism lawyer who has the legal knowledge and criminal court experience in defending against these types of charges. The right criminal lawyer can explain the law to you, help you understand your legal rights, and develop the best defence strategy to protect your interests.

CONTACT ONE OF OUR EXPERIENCED VOYEURISM LAWYERS IMMEDIATELY IF YOU’VE BEEN CHARGED WITH VOYEURISM CHARGES

At Kraska Law, our team of top-rated criminal defence lawyers are led by Robert Kraska, a former Federal and Provincial Crown Attorney. In addition to defending voyeurism cases, Robert also has experience prosecuting voyeurism cases. Robert is able to turn that prosecution experience into a defence advantage. The experienced voyeurism lawyers at Kraska Law have the knowledge to expertly guide you through the Court process, and put forth your best defence. At Kraska Law we will strive to be the best voyeurism lawyers for your case.

The Kraska Law Advantage

At Kraska Law our experienced voyeurism lawyers, we treat every case with the same high level of care. The Canadian Charter of Rights and Freedoms provides all persons charged with criminal offences a number of rights which include:

• The right to retain and instruct counsel without delay;
• The right to be presumed innocent; and
• The right to a fair trial.

At Kraska Law our top-rated voyeurism lawyers work to uphold these rights by offering fair and accessible representation in all facets of your criminal case. Our clients choose Kraska Law because we offer:

What is Voyeurism?

Voyeurism is a serious charge that can carry penalties including jail, and significant fines. A voyeurism charge accuses a person of surreptitiously observing or recording another person in circumstances where the other person has a reasonable expectation of privacy. The offence is defined in section 162 of the Criminal Code:

162 (1) Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if

• the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity;

• the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or

• the observation or recording is done for a sexual purpose.

This means that the offence must be committed in a manner that was done surreptitiously, as well as in “circumstances that give rise to a reasonable expectation of privacy.” These are all factors that the prosecutor must prove, for the Court to find you guilty of a voyeurism charge. Our experienced voyeurism lawyers will review the details of your case to determine if the Crown can establish these factors. Our experienced voyeurism lawyers will also identify how to attack the Crown’s case at trial. Some examples of situations where a person may have a reasonable expectation of privacy include:

• In a private residence, such as a bedroom or bathroom;
• In a public place where the person is changing clothes or using a restroom; or
• In a locker room or changing room at a gym or sports facility.

Voyeurism law also includes situations where the person being observed or recorded is in a state of nudity or engaged in sexual activity. It is important to note that consent to the sexual act is not a defense to voyeurism. Even if the person being observed or recorded consents to the sexual act, it is still a criminal offence if they have a reasonable expectation of privacy and do not know that they are being recorded. Our experienced voyeurism lawyers will review the details of your case with you, and ensure that you know your rights. At Kraska Law, our voyeurism lawyers are highly experienced criminal defence lawyers, who will identify issues, and strategies to structure your best defence and be the best voyeurism lawyers for your specific case.

What if I did not Make the Recording?

Even if you did not make the voyeurism recording, you can still be charged for voyeurism. This is an intricacy of voyeurism charges that an experienced voyeurism lawyer must be aware. If you are involved in the printing, copying, publishing or distribution of the recording, you can be charged with voyeurism under section 162(4) of the Criminal Code:

162 (4) Every one commits an offence who, knowing that a recording was obtained by the commission of an offence under subsection (1), prints, copies, publishes, distributes, circulates, sells, advertises or makes available the recording, or has the recording in his or her possession for the purpose of printing, copying, publishing, distributing, circulating, selling or advertising it or making it available.

Our top-rated criminal lawyers are highly experienced in the Courtroom, as well as the intricate details of the law. Our voyeurism lawyers are aware of these details, and will prepare against all potential strategies of the Crown Attorney. Our voyeurism lawyers will always structure the best defence for your case.

How an Experienced Voyeurism Criminal Lawyer Can Help You

An experienced criminal defence lawyer, well versed in voyeurism law will be able to identify the issues in your case, and give you proper guidance through this stressful process.

If charged with voyeurism, you should call a criminal lawyer immediately. The police may want to interview you. An experienced voyeurism lawyer will know to advise you that YOU DO NOT HAVE TO PROVIDE A STATEMENT TO THE POLICE. Our experienced voyeurism lawyers know that the police can lie to you to encourage you to answer questions at an interview:

1. The police may say that they are just investigating;
2. That they have not yet decided to lay charges;
3. They may say that they just want to hear your side of the story;
4. The police may comment that they just want to complete their file by getting everyone’s version of events;
5. The police may try to guilt you into providing answers by suggesting that “if you were innocent, you would just tell your side of the story”;
6. They may ask you to unlock your phone, computer, or tablet, saying they can “just get a warrant later if you don’t unlock it now”.

A failure to answer police questions, or provide your version of events, is NOT A SIGN OF GUILT, you have a RIGHT TO REMAIN SILENT.

An experienced criminal defence lawyer will make sure that you are aware of that right.  Specifically, a voyeurism lawyer will be able to properly defend you by navigating the complex rules of evidence specific to voyeurism cases:

1. An accused person may not be allowed to ask the victim questions at trial. The Court will appoint a lawyer to ask those questions. That appointed lawyer is not your criminal lawyer. They are there to ask questions on your behalf, but they do not take instruction from you. You will want your own voyeurism criminal lawyer at your voyeurism trial.
2. The Canadian justice system protects victim’s rights in voyeurism cases, as well as other sexual offence cases. Questions about a victim’s history can only be asked after the accused person, or their criminal lawyer, successfully brings a special application to the Court.
3. If you know of records that exist and wish to use them at trial, that will also require a special application brought by your criminal lawyer for you to be able to use them as evidence at trial.
4. Even if the records, such as text messages, are already in your possession, your criminal lawyer may be required to bring yet another application to rely on that evidence at trial.
5. Your criminal lawyer may wish to hire expert witnesses to testify about certain issues at trial, as to the technology involved.

With all of the protections for victims, and limitations on evidence, you will want an experienced voyeurism criminal lawyer protecting your interests. An experienced voyeurism lawyer will ensure that you are informed of all of these items. At Kraska Law our top-rated criminal defence lawyers will effectively analyze your case, and inform you of the best strategic and tactical approaches to the case and the evidence. Our goal is to be the best voyeurism criminal defence lawyers for your case.

Potential Defences to Voyeurism Charges

If you are facing charges of voyeurism, there are many legal defences that may be available to you. Our experienced voyeurism criminal lawyers will review the specific circumstances of your case, and structure the best defence for your case. The most common defenses include:

• Lack of intent: In order to be convicted of voyeurism, the Crown Attorney must prove that you intended to observe or record the other person in a situation where they had a reasonable expectation of privacy. If the Crown cannot prove that you had this intent, you may be able to have the charges against you dismissed. Our experienced voyeurism criminal lawyers will know how and when to challenge intent.
• Lack of privacy: In some cases, it may be argued that the person being observed or recorded did not have a reasonable expectation of privacy. For example, if the person was in a public place and not taking steps to ensure their privacy. An experienced voyeurism criminal lawyer will know how and where it can be argued that the other party did not have a reasonable expectation of privacy.
• Consent: While consent to the act that is recorded is not a defence to voyeurism, it may be relevant in certain cases. For example, if the person being observed or recorded knew that they were being watched or recorded and did not object, this may be considered evidence of consent.

It is important to note that these defences may not be applicable in all cases. The outcome of your case will depend on the specific facts and circumstances of your situation, our top-rated voyeurism criminal lawyers will ensure that you know your options and the defences that are available to you. If you are facing charges of voyeurism, it is essential to seek the advice of an experienced voyeurism criminal lawyer who can help you understand your legal rights and develop the best defence strategy for your case.

At Kraska Law, we pride ourselves on keeping you informed every step of the way. Our talented voyeurism criminal lawyers will identify your specific concerns, the specific issues of your case, and fight to protect your interests. We will strive to successfully negotiate the end of your case at the earliest opportunity. If the Crown Attorney will not agree to a favorable negotiation, then we will fight the case at trial. 

Our team of voyeurism lawyers have over 40 years experience as, both criminal defence lawyers and Crown Attorney prosecutors. This diverse knowledge sets us apart from other criminal defence firms, as we have experience from both sides of the Courtroom. Whether negotiating an outcome, or proceeding to trial, we will strive to be the best voyeurism lawyers for your case.

Why Our Clients Choose Kraska Law

Voyeurism is a serious criminal offence in Canada, punishable by imprisonment and other penalties. If you are facing charges of voyeurism, it is essential to seek the advice of a qualified criminal defence lawyer who can help you understand your legal rights.

Call today for your free and confidential consultation with an experienced criminal defence voyeurism lawyer!