Many women feel defeated the moment privacy is questioned, with regard to their own bodies. So when a court ruling excused a man who routinely took pictures up women’s skirts, people have to wonder how low society will stoop. 

Earlier in March, Massachusetts court set a precedent that taking photos up women’s clothing, in public, is not an illegal act. Thankfully, the ruling was not received well by the House and a bill was quickly passed to ban what has been dubbed “upskirting.” 

In California, upskirting is considered disorderly conduct and is punishable by law. Although relieved to know the state at least considers it to be “disorderly,” I’m at a loss as to how this is not viewed as blatant sexual harassment. 

In defense of the California law, it does confront the issue as being an invasion of privacy. The law defines this particular act of disorderly conduct as when someone secretly uses an electronic recording device to view under or through the clothing of a person without consent, also with the intent to gratify sexual desires or to invade a person’s privacy when that person has reasonable expectation of privacy.

When a woman is in public, she should have every right to believe in a “reasonable expectation” of privacy—at the very least, enough to not have pictures taken up her dress. If consent is not given for sex, it is rape, but if consent is not given to take pictures up a woman’s clothing, it’s not sexual harassment? Something is wrong with this picture. 

Violators in California can face probation,up to a year in jail and pay a $2,000 fine. We as women in this state are fortunate that this disgusting act is recognized as a crime and worthy of a fine and possible jail time. There is always more that can be done, but this is a good start. 

Massachusetts changing views on the original court precedent and updating the law is a stride in the right direction, toward equality and ending body objectification. Still, we really need to evaluate why these issues even become legislative discussions in the first place, and aren’t automatically seen as a crime of harassment and privacy violation.