What is Voyeurism & is it Illegal?
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Author: Kathryn Kosmides
- Voyeurism is the act of watching other people engage in sexual or intimate behaviors without their knowledge or consent.
- Video voyeurism is an increasing issue, with unsuspecting individuals being filmed without their knowledge or consent, including in gym locker rooms, spas, and Airbnbs.
- If you catch someone in the act of voyeurism, protect yourself first and foremost, and then consider reporting the individual to law enforcement.
What is Voyeurism?
Voyeurism is the act of watching other people engage in sexual or intimate behaviors, such as undressing, showering, masturbation, or sex, without their knowledge or consent.
Video voyeurism is the act of recording someone engaging in sexual or intimate behaviors without their knowledge or consent for your own or other’s sexual gratification. Unfortunately, video voyeurism is a growing issue in the digital age, and perpetrators of this behavior often post these videos online or share them with others through private channels.
In general, those engaging in voyeurism are doing so to seek sexual gratification. You may have heard of the term “peeping Tom”—a colloquial term referring to those who engage in this type of activity.
If you discover you have been the victim of voyeurism, it can be an incredibly unsettling and potentially dangerous experience. Voyeurs want to avoid being caught and could become violent. If you catch a voyeur in the act, take immediate safety precautions to ensure they cannot harm you physically. Call 911 or tell someone else in the area, such as a family member, roommate, or an employee of the business where the incident occurred.
Increasingly, individuals are discovering they were the victims of voyeurism after discovering a hidden camera, such as at an Airbnb or during a pet-sitting stay using Rover. Some victims even find videos online that were taken without their knowledge or consent.
Below, we will provide examples of voyeurism, discuss if voyeurism is a crime and the penalties for voyeuristic crimes, and how you can seek help if you experience this form of sexual abuse.
Examples of Voyeurism
Experiencing any form of voyeurism can be a traumatizing experience — and some who experience this form of harm may not label it as voyeurism in the moment.
Voyeuristic behavior includes the following:
- Watching someone through a window
- Hiding at a private property, such as a home, gym, or store, with the intent to view intimate behavior
- Purposefully going into areas where individuals may be undressing or naked, such as a locker room or sauna
- Taking photos of an individual engaging in intimate behaviors without their knowledge or consent
- Distributing photos of someone engaging in intimate behaviors without their knowledge or consent
- Engaging in intimate image abuse, also known as “revenge porn”
- Setting up cameras to record individuals performing intimate behaviors, such as in dressing rooms, locker rooms, bathrooms, and bedrooms
- Using Airbnb, Rover, or other Apps to lure individuals into private spaces to film them for sexual gratification
- Watching videos of individuals engaging in intimate behavior that were filmed without their consent or knowledge, i.e., watching voyeuristic porn
Some publications have discussed voyeurism as a “paraphilic disorder” known as voyeuristic disorder. However, many professionals and advocates disagree with labeling sexual offenses as mental health issues because it can give perpetrators an excuse for their behavior and be invoked as a criminal defense.
Is Voyeurism a Crime?
The legal definition of voyeurism and the elements of the offense differ by jurisdiction. Thus, the answer to the question “Is voyeurism a crime?” often depends on where the incident occurred.
While the legal requirements and consequences may vary, voyeurism in some form is considered a crime in every state. Voyeurism is also a crime under federal law, including video voyeurism under Title 18 U.S. Code § 1801.
In other countries, voyeurism may or may not be an explicit criminal statute within their laws. However, most countries have explicitly criminalized voyeurism or prosecute it under other laws, such as trespassing or disorderly conduct.
Voyeurism Laws
Voyeurism laws vary from state to state. Each state has established its own definition of voyeurism and imposes differing criminal penalties. Additionally, offenders charged with voyeurism are also often charged with other related offenses, such as trespassing, possession of indecent images of minors if the victim is under 18, and indecent exposure if the offender is caught sexually gratifying themself in public.
If you were a victim of voyeurism and caught the perpetrator or found video cameras in an Airbnb or other location, you can file a report with law enforcement. We will discuss this further below.
If you were a victim of voyeurism and the perpetrator is charged with a crime, you may be asked to provide a witness statement or testify at trial.
Criminal Penalties for Voyeurism and Video Voyeurism
The criminal penalties for voyeurism and video voyeurism depend on the jurisdiction where the incident occurred, the facts and circumstances surrounding the incident, and whether this is the perpetrator’s first offense.
In most states, a first-time voyeurism offense is generally considered a Class A or Class 1 misdemeanor if the victim is over 18. If it is a second offense or the victim is a minor, the charge can result in a more severe misdemeanor or felony charge.
While some states impose specific jail sentences or fines, others do not have set penalties, leaving the outcome to the discretion of the judge presiding over the criminal case.
Victims of Voyeurism: Rights and Options
Those impacted by voyeurism or video voyeurism experience a wide range of emotions after realizing they are victims. Voyeurism is often perpetrated by strangers. However, if it is committed by someone you know, such as a family member or supposed friend, the anguish, anger, and other emotions can be even more intense.
The most important thing after realizing someone either watched or filmed you doing intimate behaviors without your consent is ensuring your physical, mental, and digital safety.
This may mean calling 911 or telling someone you live with as soon as possible. If it happens in a public space, like a gym or a store, you should speak to a manager as soon as possible. They may have information about the perpetrator or video footage that police can use in their investigation.
After the incident, you may consider filing a report with law enforcement. However, their ability to investigate and press charges depends on various factors, including the availability of evidence and information identifying the perpetrator. For example, a stranger peeking into a window will be much harder to identify than someone you know.
If you find a video posted online, you can have it removed and prevent it from being reposted on social media or pornography sites. Safety Net provides a very helpful resource explaining how to file takedown requests. You can also contact a hotline like Cyber Civil Rights Initiative for personalized assistance.
If you have experienced voyeurism or video voyeurism and are not sure what steps to take or have questions, reach out to us at Helping Survivors.
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