Finance student, 22, is spared jail for filming up three women's skirts on Tube escalators and is not put on sex offenders register because offences came before change in the law

  • Kalvin Patel Martin preyed on victims at Victoria, Bond Street and Oxford Circus
  • But the offences took place in 2018 before upskirting became a criminal offence 
  • Martin admitted counts of outraging public decency and got a community order
  • He must complete a 100-day programme, 20-day rehabilitation and pay £170
A finance student who filmed up women's skirts on the Tube has been spared jail and will not be put on the sex offenders register.
Kalvin Patel Martin, 22, preyed on three victims as they stood in front of him on the escalators at Victoria, Bond Street and Oxford Circus stations on August 10, 2018.
He was only caught when a passenger spotted his phone veering towards the skirt of one of the victims.
Upskirting did not become a criminal offence until 2019 so Martin was charged at the time with outraging public decency. 
Kalvin Patel Martin, 22, filmed up women's skirts on the Tube but has been spared jail and will not be put on the sex offenders register
Kalvin Patel Martin, 22, filmed up women's skirts on the Tube but has been spared jail and will not be put on the sex offenders register
Anna Hindmarsh, prosecuting said: 'At 10pm the defendant was travelling at Oxford Circus tube station.
'He was witnessed by another person to be standing very close to a female with his mobile phone, upskirting her basically.
'He is arrested then de-arrested and reported for the offence.
'Six months later he attends an interview and his phone is seized and on the phone there are three incidents of upskirting.
'The first one is at London Victoria station where he started recording a female's legs on the escalator. She had bare legs and was wearing a short black dress.
'He filmed up her skirt and bottom and that can be seen on the video for a few seconds.
'On the second occasion he was unable to film up the skirt as she was wearing a knee length dress and he couldn't record it and on the third one he was also unable to film up the skirt.
The finance student preyed on three victims as they stood in front of him on the escalators at Victoria, Bond Street and Oxford Circus stations on August 10, 2018
The finance student preyed on three victims as they stood in front of him on the escalators at Victoria, Bond Street and Oxford Circus stations on August 10, 2018
'He has been interviewed twice and he admits it was wrong. He is not charged now with the new legislation (of upskirting) as in 2018 it was still the outraging public decency offence.'
Magistrate Ian Cole asked: 'Is there a requirement to go on the sex offenders register?'
Mel Kelemework, defending, said: 'Not in this case, but there is now legislation in force under which he would.
'He is a young man, he has a level two and three in ICT business finance and accounting. He knows he is lucky this doesn't lead to a notification requirement.'
Mr Cole told Martin: 'For the three charges of outraging public decency you will receive a community order for a period of 24 months.'
Martin, of Wattendon Road, Croydon, admitted three counts of outraging public decency.
He was handed a 24-month community order in which he will have to complete a 100-day programme, 20-day rehabilitation requirement and pay £170.

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