29 May 2008
R v Bassett [2008] Court of Appeal, 14 May
For an offence of voyeurism to be committed under s 67 of the Sexual Offences Act 2003, there has to be a private act which involved parts of the body for which people would normally expect privacy, as defined by s 68(1).
Casual observation by other changing room users does not amount to the offence of voyeurism, even if those observing gain sexual gratification from what they see. Whether the person observed had a reasonable expectation of privacy is one for the jury in each case, and in many cases the question will be related to the nature of the observing rather than the purpose.
