News/Blog

Voyeurism and upskirting: what are they and what are your rights?

Whether you have heard about voyeurism and upskirting in the media or from friends, or have experienced it yourself, it can be useful to know what it involves and what the law says about it in Scotland. That’s why we have launched a new guide exploring voyeurism and upskirting in more detail, and outlining your options if it happens to you.

This short blog provides a brief overview of the guide’s contents. We recommend you access the full guide for further detail.

What is voyeurism?

Voyeurism is broadly defined as someone obtaining sexual gratification by watching another person engaging in a private act without their consent. As it is predominantly experienced by women and perpetrated by men, voyeurism can be considered  a form of gender-based violence.  

Upskirting refers to taking a photograph underneath a person’s skirt or other clothing without their consent and is a form of voyeurism. 

Experiencing voyeurism or upskirting can be an extremely distressing experience. Voyeurism can happen to anyone.

What can I do if I experience voyeurism?

Voyeurism is never your fault. It is the perpetrator's responsibility not to harass you. However, if you are able to, there are some steps that you can take when it happens, such as moving away from the perpetrator, engaging bystanders, and gathering evidence of your experience. 

Voyeurism (including upskirting) is a crime in Scotland and you can report it to the police if you wish to. There is also the possibility to take action in the civil courts if you have experienced voyeurism

Our guide explores both immediate actions you can take, and the legal options available to you, in more detail. 

Our guide 

Our guide contains information about:

• What is voyeurism?
• What the law says
• Practical and legal options available 
• Support and further resources

We hope it will be useful in outlining what actions you can take if you experience voyeurism or upskirting, and what legal options are available to you. 

You can find the guide on our website here.

Find out more

If you have experienced voyeurism, or you would like to know more about the relevant law and legal options available to you, we hope that this guide will be a useful tool. At the end of the guide, you will also find a list of helpful organisations and further resources. 

For more detailed information and advice, you can call our helpline to speak to one of our experienced advocacy workers who will put you in touch with our solicitors if you need further advice. You can also make an appointment with one of our solicitors at our legal surgeries .