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BOSTON -- A man who took cellphone photos up the skirts of women riding the Boston subway did not violate state law because the women were not nude or partially nude, Massachusetts' highest court ruled Wednesday. The Supreme Judicial Court overruled a lower court that had upheld charges against Michael Robertson, who was arrested in August by transit police who set up a sting after getting reports that he was using his cellphone to take photos and video up female riders' skirts and dresses. Existing so-called Peeping Tom laws protect people from being photographed in dressing rooms and bathrooms when nude or partially nude, but the way the law is written, it does not protect clothed people in public areas, the court said. State law "does not apply to photographing or videotaping or electronically surveilling persons who are fully clothed and, in particular, does not reach the type of upskirting that the defendant is charged with attempting to accomplish on the MBTA," the court said. The SJC said that while such actions should be illegal, they are not, given the way state law is written. Suffolk County prosecutors said their interpretation of the state's Peeping Tom law was that "upskirt" photos are illegal.
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12.01.2021
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Help us continue to fight human rights abuses. Please give now to support our work. Download the full report in English. Annex: Letter to the Government of South Korea. These crimes are a form of gender-based violence, using digital images that are captured non-consensually and sometimes shared, captured with consent but shared non-consensually, or sometimes faked.
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