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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13078
Experience:  30 years as a practising solicitor.
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While out drinking with friends me and a fellow friend

Customer Question

While out drinking with friends me and a fellow friend witnessed a friend and girl having sex behind a container. I video'd it on my friends phone while he was there and he has sent it to a lot of people to which the girl has found out and went to the police. I had no intention of it becoming well known and I understand I made a mistake. She has put a statement into the police and is waiting for them to verify if she will get in any trouble because of it being in a public place before she presses charges. What can I expect to happen if charges are pressed?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Thank you for your question. I am a solicitor in Scotland. Who sent it to a lot of people? The friend having sex or the friend you were with?

Customer: replied 1 year ago.
The friend I was with as it was on his phone
Expert:  JGM replied 1 year ago.

You could be charged with voyeurism under the Sexual Offences (Scotland) Act 2009 in my opinion. However the couple could be charged with indecency in a public place. It might be better that both sets of parties agree to walk away from this as everybody could end up being charged. Your worst case scenario is 12 months in prison and a fine but that is very unlikely. I would make a written apology to the girl and see if she would drop this on the basis that she would also come in for criticism at any future court case.

Customer: replied 1 year ago.
She's decided to not press charges luckily but the police are wanting to come and see me. Any reason to why they would come when charges have been dropped?
Expert:  JGM replied 1 year ago.

The police may want to warn you. Or they want to proceed with charges anyway. In Scotland they can do that. However that is speculation. You can see what they want but under no circumstances say anything that might incriminate you. Make no admissions. And you are entitled to have a solicitor present.