It is unclear how often people are recorded without their consent in intimate situations and settings, but advances in digital cameras are likely making it more common.
Voyeurism has been in the news frequently over the last few weeks.
On Wednesday, news broke that a Dunedin man in his 20s pleaded guilty to filming himself and a woman performing a sex act without her knowledge and sharing it on his rugby team's group chat. His flatmate also pleaded guilty to filming a video of her while she slept. He shared the content that contained images of her in her underwear with her breasts exposed.
Then came a court martial hearing of Corporal Manu Smith where he was sentenced for filming sex with a girlfriend without her consent.
Whether it reaches the attention of the law, the media or even victims, it’s possible that voyeurism - sexual gratification from observing others in private settings without their knowledge - is happening constantly. However, because of its secretive nature, we will never know how prevalent it is and whether the greater risk comes from strangers or if perpetrators are more likely to be known by victims, as is the case with other sexual abuse.
What is voyeurism?
The Crimes (Intimate Covert Filming) Amendment Act 2006 addresses voyeurism when a recording device is involved. The act makes it illegal to create visual recordings without the knowledge or consent of the person being recorded in a situation where that person “would reasonably be expected to provide privacy..."
It is generally legal to take unconsented images and video of others in public places, but not in private places such as a public change room or a toilet and if that person is ”naked, in underclothes, showering, toileting etc,” says Detective Inspector Rebecca Cotton from New Zealand Police.
The 2006 law was introduced in response to increased instances of “upskirting and downblousing,” according to Dr Cassandra Mudgway, a senior lecturer at the University of Canterbury’s law school. At the time, digital recording technology paved the way for perpetrators to install, say, small cameras on their shoes and walk around town recording up women’s skirts.
“These days, we don't have good numbers around prevalence and of course, this is covert so by its very nature it is secret,” says Mudgway, adding that technology advances makes voyeurism easier to pull off and likely more common.
The covert recordings Forbes made have highlighted gaps in the 2006 law, where audio recordings are not covered. The images he secretly took of women in public likely didn't meet the law's threshold of an "intimate visual recording". Advocates and survivors of voyeurism are pushing to change that.
When it comes to sexual abuse in general, the vast majority of victims will know their perpetrator such as a family member, a teacher, or a co-worker. No such data exists for crimes involving intimate and covert recording or peeping tom cases, voyeurism that does not involve a recording.
However, Auckland-based clinical psychologist Barry Kirker has noticed a pattern in his work with perpetrators. An adult victim is more likely to be filmed in public by a stranger, and a young person is more likely to be filmed in their home, he says.
Why is voyeurism a violation?
It’s true that many victims of voyeurism will never know that a crime has been committed against them. It’s also true that a perpetrator may never lay a finger on their victim, but that doesn’t make the crime any less painful for those who know they have been recorded, says Ruth Money, the government’s chief adviser for victims of crime.
“It's violating because it is... somewhere where you should be safe and feel completely private and safe and that's what sexual assault is - power and control - and that is why people feel incredibly violated and vulnerable.”
Some victims might be able to brush it off. But many will not - and shouldn’t. It could also trigger the trauma of past abuse, says Money.
“...then you go take yourself down a very understandable route of thinking, ‘Well, what has this person done with the content? Because it's unauthorised images.”
In the case of the New Zealand soldier and the Dunedin men who themselves himself having sex with women without consent, they were accused of sending that content to others.
Social media and now AI’s ability to generate deep fake images including pornographic photos and videos has also changed the game.
“...Something like online harms or harms that involve technology, we’re seeing increasing prevalence from strangers, people that you don’t know [as perpetrators] which is something that’s quite new, I think”, says Mudgway.
Photo: File / Getty Images
What to do if you think you are being recorded?
If you believe you are being recorded in breach of the Crimes (Intimate Covert Filming) Amendment Act 2006, you should report it to police by calling 105, according to Detective Inspector Cotton.
“Police would then assess the information provided to determine whether any criminal offending had taken place and/or if any further investigation was required.”
If the incident occurs in a gym or a pool, inform the manager. This could result in the perpetrator losing their membership or facing a ban from the establishment, says Mudgway.
“I've actually just looked at all of the gyms that have chains around New Zealand and seen that almost all of them have some kind of [voyeurism] policy.
“... even if nothing comes of it, I think it’s really important that people understand that it’s still a breach of your right to privacy and your right to personal dignity, even if there is no specific law that covers that, you still have those rights.”
A civil suit - essentially suing the accused perpetrator - is also a possible but potentially expensive option, according to Mudgway.
“The difference between criminal and civil is that civil has a lower burden of proof, which means that you only have to prove that it's more likely than not that in that place [the victim] had a reasonable expectation of privacy versus a crime where it has to be beyond reasonable doubt.”
Photo: File / Getty Images
Finding help if you’re a victim of voyeurism
New Zealand still has room for improvement when it comes to reducing the burden on victims and survivors when it comes to seeking help, says Money.
“When your world is turned upside down, when you are violated and there is a trauma response, it means that you don't necessarily think rationally or in a linear fashion anymore.”
When you report a crime to the police, they can refer you straight to local agencies such as rape crisis centres or women’s centres that help victims of sexual crimes. However, sometimes referrals fall through the cracks or agencies lack the funding to truly help all referrals, says Money.
Victims can also self-refer to those agencies including Victim Support, a national organisation that supports those who have experienced various crimes. ACC’s Sensitive Claims Service accepts self-referrals and provides help for mental harm caused by sexual assault or abuse. The Safe to Talk hotline is another avenue for help.
“I do acknowledge it's difficult being a survivor and navigating the system so, I just want to encourage people not to be afraid to ask for help because it is out there,” says Money.
“It does exist.”
Where to get help
- Call the Safe to talk hotline on 0800 044 334 or visit their website www.safetotalk.nz
- Need to Talk? Free call or text 1737 any time to speak to a trained counsellor, for any reason.Lifeline: 0800 543 354 or text HELP to 4357.
- Suicide Crisis Helpline: 0508 828 865 / 0508 TAUTOKO. This is a service for people who may be thinking about suicide, or those who are concerned about family or friends.
- Depression Helpline: 0800 111 757 or text 4202.
- Samaritans: 0800 726 666.
- Youthline: 0800 376 633 or text 234 or email talk@youthline.co.nz.
- What's Up: 0800 WHATSUP / 0800 9428 787. This is free counselling for 5 to 19-year-olds.
- Asian Family Services: 0800 862 342 or text 832. Languages spoken: Mandarin, Cantonese, Korean, Vietnamese, Thai, Japanese, Hindi, Gujarati, Marathi, and English.
- Rural Support Trust Helpline: 0800 787 254.
- Healthline: 0800 611 116.
- Rainbow Youth: 09 376 4155.
- OUTLine: 0800 688 5463.
- Eating Disorders Carer Support NZ: Also on Facebook.
If it is an emergency and you feel like you or someone else is at risk, call 111.
