Definition and Background
Voyeurism is classified as a sexual offence involving the intentional violation of someone’s privacy, such as secretly recording or observing someone during private acts. Cases like Monica Baey’s, where a man filmed her showering, highlight the seriousness of this offence. Both men and women can be victims, as seen in the case of Mr Koh Kah Hock, who filmed men in the shower.
Previously, the law only protected female victims under section 509 of the Penal Code. As a result, male victims were not covered under this section. This changed with the introduction of section 377BB, which now makes voyeurism a specific criminal offence, regardless of the victim’s gender.
What Constitutes Voyeurism?
Under section 377BB, these acts are considered voyeurism if done without consent:
- Watching someone engaged in a private act (e.g., showering).
- Using devices (e.g., binoculars or mobile phones) to observe or record private acts or private parts.
- Modifying structures or installing devices (e.g., hidden cameras) for the purpose of voyeurism.
Punishment
If found guilty:
- Offenders face up to 2 years’ imprisonment, a fine, caning, or any combination.
- If the victim is under 14, jail is mandatory.
- Probation may be available for offenders under 21, but only in special cases.
Defences
Possible defences include:
- Lack of intent to possess or access voyeuristic material.
- Reasonable cause for possession (e.g., reporting a crime) without intent to harm or retain the content longer than necessary.
Arrest and Sentencing
Voyeurism is an arrestable offence. Once arrested, police can detain a suspect without a warrant.
Courts assess:
- Harm to the victim: violation of privacy, physical contact, emotional distress.
- Culpability of the offender: planning, equipment used, breach of trust, persistence.
Sentencing Guidelines Based on the level of harm and culpability, punishments range from fines to 24 months’ jail and caning.
Aggravating Factors:
- Planned and repeated offences.
- Targeting vulnerable victims or committing offences in trusted spaces (e.g., workplaces, schools).
- Use of technology for concealment or distribution.
- Multiple victims or offences.
- Possession of many recordings or sophisticated methods of execution.
Mitigating Factors:
- Mental illness impacting impulse control.
- Genuine remorse and guilty plea.
- Clean criminal record.
Case Example: Nicholas Tan Siew Chye He committed two upskirt offences, one involving physical contact with a minor. Both were considered low harm, but his reoffending while on bail and the victim’s age resulted in 1 to 3 weeks’ jail sentences.
Criminal Record and Rehabilitation
A voyeurism conviction leads to a criminal record, but it may be spent (removed) if:
- Jail term was 3 months or less, or a fine below $2,000.
- No other convictions.
- 5 years of crime-free conduct post-sentence.
Related Offences
- Distributing voyeuristic content (Section 377BC): Up to 5 years’ jail, fine, and caning.
- Possession of intimate images (Section 377BD): Up to 2 years’ jail, fine, and caning.
- Obscene films (Films Act): Up to 6 months’ jail and $20,000 fine; higher penalties for knowing possession.
What Victims and Accused Should Do
- Victims should report promptly and provide evidence.
- If police do not pursue, private prosecution is an option.
- Accused individuals can self-represent in court but may benefit from hiring a criminal lawyer for defence or mitigation.