What is ‘Upskirting’?

In Queensland, it is an offence to observe or visually record the private (genital or anal) region of another in circumstances where they would expect to be afforded privacy. An example is using a mobile phone in a public place to take photos of women’s underwear under their skirt without consent.

Clients usually come to us extremely embarrassed, and there is often some media attention particularly if it arises in well-known shopping centres. As such, this type of charge requires extra sensitivity and reputational considerations.

In addition to the practical considerations, legal issues we look at include whether the prosecution can prove the element of ‘without consent’ beyond a reasonable doubt, as often the female in the photo or video may not be identifiable, nor might there be a statement from them.

Alternatively, there may be a complainant, but then a question arises as to what the photo or video actually depicts. This is because the definition to prove the charge is very specific. Often, the image may be blurry, not actually depict the region as defined, or the female may be wearing bike shorts, in which case it is not an offence.

Therefore, there is usually some scope for negotiations.

Bringing down the number of photos or videos is extremely important on any plea. This could mean the difference between penalties of a fine or imprisonment, or a conviction being recorded or not.

A methodical approach is key to a successful defence for a client. Contact our experienced Brisbane criminal lawyers for a no-obligation, confidential discussion.

All articles on our website are of a general nature and should not be relied upon as legal advice. The information contained within, is accurate at the time of publication. If you require further information, advice or assistance for your specific circumstances, please contact us.