Hi and welcome to this JK B'HAM Crime Report for VPN: REGIONAL NETWORKS:
A Birmingham man who secretly filmed women in his bathroom has been handed a suspended jail sentence.
Andrew Samuels, 62, of Jasmine Walk, Erdington, admitted two counts of voyeurism after recording three women in his home over ten months. He was sentenced to 12 weeks in prison, suspended for a year, at Birmingham Magistrates’ Court. District Judge John Bristow also imposed a three-month curfew from 5pm to 5am.
Samuels’ crimes came to light when his own daughter found images and videos on his laptop and reported him to the police. She was not among those filmed.
Police recovered 32 videos and 181 images, showing women in the shower and in a state of undress. Only one victim could be identified. In a statement read in court, she said the defendant’s actions were the most “humiliating, violating and deceitful” thing she had ever experienced, adding, “I will never trust a man in the same way again.”
In court, Samuels’ defence team said he was disturbed by his own actions and expressed remorse. Shabeer Qureshi, defending, told the court: “The offence has had a profound effect on him. He can’t understand why he’s done what he’s done.”
Judge Bristow ruled the offences involved a “significant degree of planning” and amounted to a “serious and appalling breach of trust”. Samuels was placed on the sex offenders register for seven years and given a five-year restraining order banning contact with the identified victim. He must also complete 25 days of rehabilitation and pay £85 in costs and a £128 victim surcharge.
ACCESS TO THE LAW: Understanding the Crime and Sentencing
As part of our campaign to improve citizens’ access and understanding of UK Criminal law, we will be explaining the relevant UK legislation surrounding any case law relevant to our articles:
Voyeurism Offences: Operating Equipment to Observe and Recording a Private Act
The Sexual Offences Act 2003 defines several offences related to voyeurism, including those involving the use of equipment to observe someone without their consent and the recording of private acts. These offences are designed to protect individuals from invasive and non-consensual surveillance that violates their privacy and dignity.
Operating Equipment to Observe (Section 67(1))
It is an offence under Section 67(1) of the Sexual Offences Act 2003 to operate equipment with the intention of observing another person engaging in a private act, without their consent, for the purpose of obtaining sexual gratification.
Key Elements of the Offence:
• The perpetrator must operate equipment, such as a camera, mirror, or other device.
• The act must be done for sexual gratification.
• The victim must be engaged in a private act, meaning they believe they are in a place where they cannot be observed.
• The observation must occur without the person’s consent and where they would not expect to be watched.
Examples include using a hidden camera in a changing room, adjusting a mirror to spy on someone undressing, or placing a phone under a door to see into a bathroom.
Recording a Private Act (Section 67(2))
A separate offence is committed under Section 67(2) of the Act if a person records another engaging in a private act without their consent, again for the purpose of sexual gratification. This differs from simple observation because it involves the creation of a recording, which can then be stored, shared, or viewed later.
Key Elements of the Offence:
• The perpetrator must make a recording of someone engaged in a private act.
• The recording must be made without the person’s knowledge or consent.
• The act must be recorded for the purpose of obtaining sexual gratification.
Examples include secretly filming a person in a hotel room, setting up a hidden camera in a bedroom, or using a phone to record under skirts or clothing (commonly referred to as upskirting, which is now a specific offence under the Voyeurism (Offences) Act 2019).
Penalties and Legal Consequences
Voyeurism offences under Section 67 are triable either in the Magistrates’ Court (summary offence) or the Crown Court (indictable offence), depending on the severity.
• Magistrates’ Court: Up to 12 months’ imprisonment and/or an unlimited fine.
• Crown Court: Up to 2 years’ imprisonment and/or an unlimited fine.
• Conviction may also result in Sex Offenders’ Register requirements, depending on the circumstances.
Defences and Legal Considerations
Defendants may argue that:
• The act was not done for sexual gratification (though this is difficult to prove).
• The victim was not engaged in a private act or had no reasonable expectation of privacy.
However, courts generally take a strict approach in cases where recordings have been made or where there is clear evidence of intent.
Conclusion
Voyeurism offences related to observing and recording private acts carry serious legal consequences and reflect the law’s commitment to protecting personal privacy. These offences have become more relevant with advances in technology, particularly hidden cameras and online sharing. Anyone facing such accusations should seek immediate legal advice, as conviction can result in a prison sentence and inclusion on the Sex Offenders’ Register.
Well, that’s all for now. But until our next article, please stay tuned, stay informed, but most of all stay safe, and I’ll see you then.
Jason King
Birmingham City-Desk
Twitter (X) @JasonKingNews
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