"Open Season" for 'Peeping Toms'; or, musings on "privacy"

By LindaBeth

This post has been a long time coming, but this recent news put me over the edge: Remember back in March when I wrote about the Oklahoma Peeping Tom? He took cel phone photos up a minor's skirt while shopping at Target; the charges were dropped because their Peeping Tom law only applies to situations where privacy is expected, and according to the ruling, privacy cannot be expected in public.

Well, it happened again. Via feministing, a Florida court dropped charges against a man for using a mirror to look up a woman's skirt at a Barnes and Noble.

The key in these cases is "a reasonable expectation of privacy." We ladies should be getting the message loud and clear now: we cannot expect bodily privacy in public. We cannot merely exist in public. In public, our bodies are subject to public ownership. We can only expect privacy in our homes. And in a marriage situation, some people don't even think we should have that.

Twice now in the courts, and resonant with a culture that sees catcalling as a compliment or that thinks women like Uma Thurman should be flattered at stalking and unwanted sexual advances (because I s'ppose we should be thankful we're oh so irresistable?!), it is becoming more and more clear that women appearing in public are open for the business of sexual consumption via harassment and now even more violations of physical privacy and integrity. The assumption is that any woman who is attractive or dresses sexy desires ogling...otherwise she wouldn't dress that way, or wear a skirt short enough to photograph up it. (Gee, isn't this all starting to sound an awful lot like most rape apologists?) And that women who dare to exist in public or online or anywhere where they can be viewed by someone are fair game for subsequent sexual remarks, objectification, physical criticism, circulation of images...

Because apparently:

• all women are heterosexual (since they dress "like that" for male attention)


• all women dress themselves according to how and when they want their physical appearance to be evaluated


• all women's public existence is primarily and ultimately for the benefit of men

I've been thinking a lot about this recently, mostly regarding how people seem to lose all personal privacy upon public existence. In a culture like ours that sees women primarily as sexual objects, that any woman becomes subject to harsh criticism or objectification regarding their appearance (regardless of its relevance), this is becoming a huge problem for women. Pragmatically, we seem to have very little expectation of consent to our images being taken, and also taken out of context.

For example, if a woman signs a model release for nude artistic photography, she is consenting to a particular context of the images. The images cannot then be sold as pornography, or she would have grounds to sue. This type of consent does not seem to operate in the real world in the age of the internet. And if it does, considering the vastness of the internet, it seems hard to keep tabs on.

Let me provide some actual examples that have gotten me pissed off:Read more »