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(美国) 男子林肯纪念堂偷拍女性裙底 女法官判定:无罪 (E/C)关闭
Oct 14, 2014 浏览次数: [372] 评论: [0]
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  美国一名女法官判在林肯纪念堂偷拍女性裙底的男性无罪,称他并没有侵犯隐私。
  来自弗吉尼亚州斯普林菲尔德的男子克里斯多夫·亨特·克利夫兰(Christopher Hunt Cleveland)在2013年7月因为在林肯纪念堂拍摄女性裙底照片而被警方逮捕。当时他正在拍摄坐在台阶上的女性被警察抓了个正着。
  克利夫兰被以窥阴癖起诉,警官在他的手机里发现了一年时间中拍摄的许多不恰当照片。但是华盛顿特区高级法院法官朱丽叶·麦肯纳(Juliet McKenna)上个月将此案结案,称女性不应在公共场合期待保守隐私(suggesting women should have no expectation of privacy in a public place)。
  麦肯纳法官在她的判决中表示:“这些拍摄的照片并非‘偶然一瞥’,事实上是暴露在公共场合中的景象,并不需要怎样的努力就能看见的。”
  “在克利夫兰的相机记忆卡中,这些照片是描绘华盛顿纪念碑与倒影池的长镜头,也有靠近的队女性坐或站在林肯纪念堂台阶抑或类似区域的特写。”
  “从被告的回应中可以确认,这些女性的姿态,导致她们的私处,包括她们上半边臀部,都是清晰可见的。”
  “这些景象对于其他路人而言都是可见的。”
  法庭的文档显示,没有证据表明克利夫兰使用了特殊的拍摄技巧,去拍摄那些原来在公众视野中看不见的内容。
  但是法官也指出:“被告在公众场合刻意拍摄女性着装或未着装肢体的行动是非常让人讨厌与烦恼的。”
  在克利夫兰被捕后,警方在他车上的笔记本电脑内发现了150份幻灯片文件,每份包括至少30张裙底照片,或者类似照片。
  公园警察表示林肯纪念堂的台阶常被人用来进行各类窥阴癖活动,但克利夫兰规避了这一“窥阴癖”的指控。
  三月,马萨诸塞州法院判定裙底照在该州合法,当地立法立刻推出新法律,判定裙底偷窥照有刑事责任。
  马萨诸塞州目前对偷拍裙底照的惩罚最高可达5年监禁,并罚款5000美元。
  德克萨斯州进来也基于宪法第一修正案通过法律,判定“以引起或满足性欲为目的拍摄照片”是违法的。

① Judge rules man who took photos up ladies' skirts at Lincoln Memorial didn't violate their privacy
• Christoher Hunt Cleveland took hundreds of inappropriate photos at site
• Would sit and take photos of women who were sitting on the steps above 
• Springfield, Virginia, man was arrested when police caught him in the act
• Was charged with voyeurism, but case was dropped at start of last month
• Judge Juliet McKenna said women should not expect privacy in public
• She claimed anyone could have taken similar photos while exposed 

A female judge has said a man who took hundreds of photos up ladies' skirts at the Lincoln Memorial because she believes he did not violate their privacy.

Christopher Hunt Cleveland from Springfield, Virginia, was arrested in July 2013 after police officers caught him taking 'upskirt' shots of women sitting above him on the steps of the monument in Washington D.C.

He was then charged with voyeurism after officers reportedly found inappropriate images taken over more than a year on the camera's memory card, which he had tried to removed as he walked away.

However D.C. Superior Judge Juliet McKenna drop the case at the end of last month, suggesting women should have no expectation of privacy in a public place.

In her judgement, she wrote: 'This Court finds that no individual clothed and positioned in such a manner in a public area in broad daylight in the presence of countless other individuals could have a reasonable expectation of privacy.'

In her statement, she added: 'The images captured were not 'incidental glimpses' and in fact were images that were exposed to the public without requiring any extraordinary lengths whatsoever, to view.

'The photographs recovered from Mr Cleveland's camera memory card depict a variety of images ranging from long shots of the Washington Monument and Reflecting Pool and groups of people sitting on the steps of the Lincoln Memorial, to close up photos of individual women seated or standing in the area.

'As Defendant's Response acknowledges some of these women are seated in such a way that their private areas, including the upper inches of their buttocks, are clearly visible.

'However, all of these images were similarly available to other passer-by in the area.'

The court documents added that there was no evidence Mr. Cleveland positioned his camera in any waym or employed any photographic techniques , so as to capture images that were not already on public display.

But she did question his behavior, saying: 'The fact that the Defendant was intentionally photographing publicly exposed areas of women's clothed and unclothed bodies…is repellent and disturbing.'

After Cleveland was arrested, police also reportedly searched his car and found and found a laptop containing at least 150 PowerPoint slide presentations, each containing 30 or more upskirt images or images leading up to the shots.

Park Police said the Lincoln Memorial steps are 'commonly used by individuals engaged in voyeuristic activity', but Cleveland avoided prosecution.

Some areas are however taking to steps to make sure it is against the law.

In March, after a Massachusetts court ruled that upskirt photos were legal in the state, the legislature quickly pushed through a bill criminalizing it.

In appropriate shots in the Bay State are now punishable by as many as five years in jail or fines up to $5,000.

Texas also recently passed a law against photographs taken 'with the intent to arouse or gratify' sexual desire, though that wason First Amendment grounds.

http://www.dailymail.co.uk/news/article-2788560/judge-rules-man-took-photos-ladies-skirts-lincoln-memorial-didn-t-violate-privacy.html#ixzz3G6ECDTnH

② Right to Take Perverted “Upskirt” Pictures Upheld in America

According to a report from FOX, “A female judge has dismissed charges against a Virginia man accused of taking pictures up women’s skirts at the Lincoln Memorial. Judge Juliet McKenna said in her ruling women should have no expectation of privacy in a public place.

Records show in 2013 U.S. Park Police spotted Christopher Cleveland on the steps of the memorial lowering his camera when ladies walked by. Authorities later found he had a collection of upskirt pictures taken from that spot. The U.S. attorney’s office recently had to drop the case after McKenna ruled it couldn’t use the evidence. ‘This court finds that no individual clothed and positioned in such a manner in a public area in broad daylight in the presence of countless other individuals could have a reasonable expectation of privacy,’ the judge said in her ruling.”

Photographing Women on Steps Above Not Upskirting?

As ABC explains, Christopher Cleveland was not simply sitting in a position that “countless other individuals” would have been in, but was instead shooting pictures up the skirts and dresses of the women who were seated above him on the steps of the Lincoln Memorial…and he got caught doing so by the U.S. Park Police. The officers which arrested Cleveland found “numerous” images of women’s crotches and buttocks in his camera, but those were unfortunately thrown out as evidence by Judge McKenna. The judge apparently felt that this invasion of privacy was not considered to be upskirting, and therefore ruled that it was not an invasion of provacy at all. Once the evidence was tossed, there was virtually no case.

Not The First Time, America

Some may disagree with this judge’s ruing and assume that it was simply a very modest female judge imposing her morals onto other women. This is not the only judge in America to make such a ruling, however. In September, The Guardian told of a Texas court which upheld the right to take upskirt pictures, calling it “freedom of speech.” There were several judges involved in this decision, including presiding judge Sharon Keller.

A man in Vancouver has also been arrested for taking upskirt photos, “But Oregon law doesn’t say anything when it comes to video voyeurism, and in other local cases, suspects have pleaded guilty to misdemeanor offenses and have served little jail time – including one Springfield case where a man admitted to videotaping his 10-year-old neighbor for eight months.” However, it looks as if a man accused of the same in Grand Rapids may actually be punished for his “crime.”

What Do You Think?

For many, this type of behavior seems to be a “no-brainer.” Taking pictures up the skirt of a woman without her consent is no only an invasion of her privacy, but it is just plain sick. To blame the victims and suggest that women should not wear clothing that makes this offense possible seems a bit like a certain terrorist religion which suggests that mans’ temptation is the fault of the woman. Perhaps if these women had all been covered from head to toe in black curtains and escorted by male members of their immediate family, these poor innocent men would not have had to succumb to the temptation to grab their cameras on those mornings and set off to various destinations with the purpose of shooting up women’s skirts. But that’s just my opinion. What’s yours?

http://www.pfhub.com/right-to-take-perverted-upskirt-pictures-upheld-in-america-1281/

    谢谢阅读!

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