Court of Appeal dismisses voyeurism conviction appeal

Introduction

The Court of Appeal has dismissed Paolo Barone's appeal against his conviction for voyeurism, affirming the decision of the Crown Court at St Albans. Barone was convicted under section 67A(2) of the Sexual Offences Act 2003 for recording images beneath the clothing of a woman on a train without her consent.

Background

In March 2024, Barone was convicted by a jury of one count of voyeurism. The incident occurred on 15 September 2022, when Barone recorded images of a woman, referred to as C, while she was asleep on a train. The images were taken without C's consent and with the intention of obtaining sexual gratification. Barone was sentenced to three months' imprisonment, suspended for twelve months.

Legal Framework

The offence of voyeurism was created by the Voyeurism (Offences) Act 2019, which amended the Sexual Offences Act 2003. Section 67A of the Act criminalises the act of recording images beneath a person's clothing in circumstances where their private parts would not otherwise be visible, and without their consent.

Appeal Arguments

Barone's appeal centred on the interpretation of the phrase "beneath the clothing" and "would not otherwise be visible". His counsel argued that the images were not taken beneath C's clothing, as her underwear was visible due to her seating position. They contended that the Recorder's interpretation placed undue responsibility on the victim to ensure their private parts were not visible.

Court's Decision

The Court of Appeal, led by Lord Justice Stuart-Smith, rejected Barone's arguments. The court held that the images were indeed taken "beneath the clothing" as they were captured by positioning the camera to look up C's skirt. Furthermore, the court found that the images were taken in circumstances where C's private parts would not otherwise be visible, as her skirt and tights covered her body.

Reasoning

The court emphasised that the essence of the offence is the deliberate act of looking up a person's clothing to view their private parts, which would not be visible otherwise. The court found that Barone's actions fell squarely within the statutory requirements of section 67A(2), as he manoeuvred himself to capture images of C's private parts without her knowledge or consent.

Conclusion

In upholding the conviction, the Court of Appeal reinforced the legislative intent behind the Voyeurism (Offences) Act 2019, which aims to protect individuals from invasive acts that violate their privacy and dignity. The court's decision underscores the seriousness of voyeurism offences and the importance of consent in such matters.

Learn More

For more information on sexual offences and related legal frameworks, see BeCivil's guide to English Data Protection Law.