The court went on to say that because the women were on the train, and not in a private place, “the alleged victims here were not in a place and circumstance where they reasonably would or could have had an expectation of privacy.” In other words ladies, pictures of your panties are fair game.
Andover, Ma. resident Michael Robertson’s defense to his arrest was that state law did not prohibit him from taking upskirt photo’s of woman riding on the T of which he was charged. The existing state law under which he was charged refers to electronic surveillance of “partially nude” persons, and that the women who were riding on the Green Line didn’t fall into that category.
Gina Scaramella, executive director of the Boston Area Rape Crisis Center, said such photos are a serious invasion of privacy. "It really is a form of sexual harassment. It's a violation for the person who is unknowingly getting their body photographed," she said. "People wear clothing for a reason and having someone violate that privacy is a real problem."
The ruling immediately prompted top Beacon Hill lawmakers to pledge to update state law.
Ladies, stand ready to stomp on the obvious.