Uh, no. Parking your car in a public space doesn’t give anyone the right to steal the hubcaps, does it?
Not the same thing.
The up the skirt shot, is in effect disrobing the woman.
She had dressed so that she had the reasonable expectation of her private parts being covered. This person uses a device to take a picture that she did not approve of.
What’s the difference in this guy simply taking her blouse and bra off to get the shot he wants. After all, he should have artistic license. She’s out of the house.
I don’t agree with the court here.
If she walks on a second level and the guy can see up her dress, you would have a good argument. She should have considered changing or not walking close enough to the edge so someone could see.
If he uses a device, he’s fair game for prosecution IMO.
If she wears something too short and sits down relinquishing her privacy by choice, I say the guy is being classless, but then so is she.
If she’s walking and not showing anything, then the guy has no right to take a photo.
Let’s change it to one of voyeurism.
If she’s standing there, should he be able to lay down on the floor and scoot up between her legs to look. Should he then be able to raise his head a foot or two?
IMO no. By what you have backed, I don’t see how you could deny him that right, if your point of view on what we are discussing prevails.