Can you claim compensation for voyeurism?
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The BBC reports on the case of a family doctor who used a secret camera inside his wristwatch to record himself abusing female patients at his surgery.
The 45 year old doctor has admitted 39 sex offences at Swindon Crown Court. At an earlier hearing in March, he also admitted 13 charges of assault by penetration, 13 charges of voyeurism, 11 charges of sexual assault and two charges of sexual activity with a child.
The doctor's victims would have claims to the Criminal Injuries Compensation Authority as well as possibly civil claims against the Trust who employed him, on the now well established rule that a care work or professional who abuses a child "in the course of their employment" may make their employers strictly liable for what they do.
Is there a separate claim for being photographed? I believe that there may be.
In September 2011, I wrote an article entitled "Seeking damages for child pornography" which was published in the Personal Injury Law Journal. In that article I pointed to the law of the United States, which now allows a victim of pornography to sue anyone who possesses an indecent image of them. We have no such law here, but it might be possible to make a claim under our breach of privacy laws, or in some cases for actual "trespass to the person."
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