Although I question if Oregon possibly has a peeping Tom law that the judge could have thrown at this guy, I also agree with the judge on the basis that Oregon may not have an appropriate law to protect people in such situations. (This is very roughly similar to the Terri Schiavo case.)
So when lawmakers were making laws to stop people from driving while talking on their cell phones, they forgot to likewise make peeping Tom uses of cell phones a crime. I suspect that we’re going to be seeing some peeping Tom laws in the future.
Don’t forget that precedence generally involves a judge expanding existing law to cover an infraction of a new variety.
This is essentially a Peeping Tom violation. The man should stand trial for invading the privacy of another person for lewd and lascivious intent.
The girl had a reasonable expectation that she was dressing in an appropriate manner, and it is clear his man went out of his way to defeat her attempt to be modest.