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John Price QC, for the CPS, said that what mattered was the “nature of the observation”. It may be a betrayal of trust to record a person having sex with you but it’s not an illegal act.” “The test is whether the complainant had a reasonable expectation of privacy. “Lack of consent is not sufficient where the place where it occurs is shared with another. When parliament drew up the legislation, it did not define the rules simply as a lack of consent, Rees said. Jon Rees QC, for Richards, told the court that even though the two women may not have consented to being filmed, if Richards was entitled to be in their bedrooms they could not have a reasonable expectation to privacy. The unanimous decision by Lord Justice Fulford, Mrs Justice Cheema-Grubb and Mrs Justice Foster came at the end of an application by Tony Richards, 39, of Cardiff, to have two voyeurism charges under section 67 of the Sexual Offences Act dismissed on the grounds that he had committed no crime. The CPS said afterwards it was urgently reviewing the decision and would assess whether to continue resisting a judicial review claim brought by Emily Hunt, the woman who intervened in the hearing and who has criticised prosecutors for refusing to bring charges after she was filmed naked in a hotel bedroom by a man without her consent. In a highly unusual development in a criminal case, the court allowed someone not directly involved in events to intervene in the hearing to develop arguments that consent should be the primary issue when considering cases under the 2003 Sexual Offences Act. His lawyers argued that the voyeurism law allowed him to do so since even a bedroom is not a private place if he was there legitimately.

The ruling by three judges came at the end of an unsuccessful appeal by a man convicted of filming himself having sex with prostitutes. (Violence, nudity, sexual situations, profanity.Anyone who films a partner during sex without their consent is committing the criminal offence of voyeurism, the court of appeal has ruled in a case that may affect the Crown Prosecution Service’s apparent reluctance to bring charges. Coleman, Patton and Kevin McCarthy make the best of underdeveloped characters. Lisa Blount is strong as theĪmbitious DA briefly suspected of the murder. Wirth is effective as the mysterious Martin. It is hard to believe that a woman as intelligent and accomplished as Gwen would fall into Martin's trap. But in a scuffle in Gwen's attic, Martin is killed.īedelia gives an engaging performance, but her interpretation of the central character may be the film's fatal flaw. Rather than kill Gwen, he wants to see her imprisoned, like his father. Weapon and prove her innocence, Martin returns. She learns that she had sentenced Martin's father to life imprisonment. Knowing that her arrest is imminent, Gwen frantically researches her past cases to discover Martin's identity and motive.

She brings the police to Martin's loft, but he has disappeared. She assumes that her husband has framed her, but then she learns that Martin is the one who set Gwen presides over the case, and discovers that evidence planted at the crime scene links her to the murder. Charles is found murdered, and one of his many lovers is arrested for the crime. Her jealous husband Alan (Will Patton) knows Gwen is cheating, but suspects that her lover is attorney Charles Mayron (Dabney Coleman), Gwen's friend andĬolleague. Her marriage on the rocks, Judge Gwen Warwick (Bonnie Bedelia) begins an illicit affair with a young library clerk, Martin (Billy Wirth). It was released direct to home video after some 1994 festival showings. William Bindley's debut feature aspires to the John Grisham league of legal thriller but, with a pedestrian plot and a lack of sustained suspense, JUDICIAL CONSENT falls well short.