voyerism

[breathe-me]

okay so cut a long story short, I found a camera in a room I was staying in, and various things state that it was 'planted' there with the intention of watching me. the police now have the camera, and my statement, which is the only evidence I have, various stuff such as computers etc have been sent off to forensics to be checked, if no evidence is found on there, will the person in quiestion not be charged at all.. not even with the evidence I've provided? and is there anything I can do?

[Theland]

I'm sorry to hear about this, and can only offer my sympathy for you having this shocking experience.
I hope you find some justice and redress.

[missyR]

I think you could press charges couldn't you? Invasion of privacy is an offence. I hope you seek justice. : o)

[breathe-me]

thank you both for your quick responses. I'm not exactly an expert with the law (I'm only 18!) but I didn't think I could press charges unless this person is charged..? Or is that how it works??

[Gmcd01]

A few assumptions have to be made here:
a) You know (As must the police) who the culprit is (As they have the PCs)
b) If the PCs don't turn up any eveidence, electronic or otherwise, then the chances sound slim. Burden of proof in criminal cases is "Beyond all reasonable doubt" and if there's no evidence, then the test that the CPS use of "A realistic chance of conviction" cannot be satisfied. There's no doubt that it's in the 'public interest' to proceed if possible.
There's nothing more you can do, sadly. Many times I've heard the CPS nicknamed the 'Criminal Protection System' and we do the best job possible, but the system often works against us, and with the criminals gettin lesser sentences and knowing how to play the system, sometimes we have to use the limited funding we're given to the maximum effect. Sucky, I know, I really do. Hope it turns out OK.

[breathe-me]

well we both know who the culprit is, as it's a family member, which is what makes it even worse. not only has it ruined any relationship I ever had with them (innocent or not) it has done so between me and other members of my family too.. now I'm worried that if no further evidence is found, this person wil be let off and I'll be made out to look bad..

[Joe_the_Lion]

Even if evidence is there, the crown with have to prove that the "viewer" was voyeuristic for "sexual gratification". That is very hard to prove, especially as you are a family member.

He or she could possible argue security purposes etc

http://www.opsi.gov.uk/ACTS/acts2003/20030042. htm

Go to Sect 67 for definition.

[breathe-me]

but it wasnt like.. a camera camera.. it was a mini camera, battery powered, hidden in a bag, in a room where quite frankly.. there is nothing worth robbing, or anything... the persons excuses were pittyful when the police arrested him and erm... well can I appeal or anything?? or is that just what criminals do once they're in jail??

[Joe_the_Lion]

YOu can not appeal against a CPS decison not to prosecute as such.

Your options will be

1) Complain to the Police direct, and assess if all evidence was gathered (i.e was the interview carried out to an acceptable extent)

2) Civil remedy. Not an expect at civil law, and it will cost you a pretty penny.

If the footage was on a secret file along with other porn etc, then this may be enough to prove sexual gratification was enough.

Further, there may be a chance of an offence under "The Protection from Harassment Act" 1997. I stress "may". Discuss this with the officer in the case, if not successful at the voyeur offence.

[breathe-me]

okay well thank you very much for everyone's answers. I'm trying to get my head around what has happened.. as of yet, I still can't. thank you again. xx