Women in Massachusetts now face no legal recourse if up skirt photos are taken by a stranger. This has me and many other people right rattled! This means that in Massachusetts pictures can be taken of a women without her consent based on the idea that they do not have a reasonable expectation of privacy of the view up their skirt while in public. This is so wrong! Why do you think they are wearing a skirt or dress?! TO COVER THEMSELF UP OBVIOUSLY!
According to Media Studies Professor and author, Rebecca Haines, This decision came about when the state’s highest court ruled on the case of a man who secretly snapped photographs up women’s skirts and dresses on public transit in 2010. The court argued that because of the way the law (Mass. Gen. Laws ch. 272. sec. 105: Photographing, videotaping, or electronically surveilling partially nude or nude person; exceptions; punishment) is written, the man in question did not break the law, because 1) women do not have a reasonable assumption to privacy on public transit and 2) the law protects nude women, and women wearing skirts are not nude”
Though the court agrees up skirt photos should not be legal, nothing has been altered.
Dr. Jody Madeira, associate professor of law at Indiana University – Bloomington states, “This is definitely a bad law. But I think it was also a bad interpretation. I think that there could have been a much better way of interpreting it that would still have fit within legal precedent.”
I may not know is the court is in the midst of adjusting this law right now, but I can tell you one thing. I won’t be wearing a skirt in Massachusetts anytime soon!
For more on this issue and more feedback from women http://rebeccahains.wordpress.com/2014/03/06/massachusetts-declares-upskirt-photos-legal-outrage-ensues/