So there’s this guy who likes taking pictures up unsuspecting women’s skirts. Not really that out-of-the ordinary- we all know there are creeps out there. But this guy is actually taking his “right” to be a creep all the way to the Massachusetts Supreme Court. (Upstanding gentleman, no?)
According to the Eagle-Tribune, Michael Robertson is making the bold claim that his right to peer up the skirts of women on the subway is a First Amendment right. His lawyer (who, confusingly, is a woman) is arguing that women should not expect their private parts to be private even if they don’t intentionally expose themselves. So, if a strong breeze blows your skirt up, then serves you right for wearing a skirt.
The perv- er, Robertson- was arrested back in 2010 and is charged with photographing an unsuspecting nude or partially nude person. He could go to jail for two years… but there is potential here for a much more creative punishment… any ideas?
Anyway, Robertson’s lawyer (the woman, remember) is also arguing that taking creepy pictures up women’s skirts is only illegal if it’s being done “in secret.” Her client, she explains, was being very obvious about being a perv. So that makes it ok, apparently? He was afterall holding a cell phone in a public place, so wouldn’t anyone naturally assume he would be taking pervy pictures with it? “He did not place his camera directly up a women’s skirt. He saw what was in front of him,” Robertson’s lawyer said, according to the Eagle-Tribune.
The justices haven’t made a decision on this one yet. Presumably they all needed very long, hot showers after listening to all that pervy evidence.