Upskirt

Posed photograph by Dave Gingrich

The Massachusetts Supreme Judicial Court has ruled that users of public transport in Massachusetts, US, have no expectation of privacy, essentially making “upskirt” photos legal on Massachusetts Bay Transportation Authority (MBTA) services according to the Boston Herald.

In a case against a man accused of using his mobile phone to take pictures up the skirts of female passengers, the Supreme Judicial Court justices found that state law bans photographing an unknowing nude or partially nude person, but does not apply to people fully clothed, as in this case.

The justices said:

A female passenger on a MBTA trolley who is wearing a skirt, dress, or the like covering these parts of her body is not a person who is ‘partially nude’ no matter what is or is not underneath the skirt by way of underwear or other clothing”

The finding has sparked calls for legislators to update the law to criminalise such actions.

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3 Comments

  1. MelissaDuffy on

    Pre-pubescent and adolescent boys are known to peek under skirts or shorts to see ‘what is there.’
    Women’s bodies are awesome and infinitely interesting. Being fascinated by seeing an unexpected glimpse of more intimate areas of a woman’s body under her short skirt or shorts is something most straight men and gay women would enjoy.
    Using a camera to take pictures up the skirts/shorts of women without their permission or consent is a violation of a woman’s privacy and a subtle form of assault. Posting these on public sites is another level of violation that should have criminal consequences.

    When a woman consents to have such a photo taken and/or published, that is her choice. Violating a woman’s privacy by using a device to ‘look up her skit’ as an adult is going ‘too far’ into a creepy, inappropriate place. Boo on this decision. :(