Why are we all horrified by upskirting, but seem to think it fine that this board has a 3000+ post thread on upshorting? There must be something like 200 non-consensual upshorting photos in that thread.
Who thinks it's fine? You're posting in Women's Issues - is that a thread frequented by the active female posters here? Do you think they were even aware of it? There have been many non-consensual threads/posts involving women too in my time here and the site did nothing about them either. I don't go in the sub-forums where that kind of stuff is posted now because it boils my blood.
Should everyone who took an upshorting picture face two years in prison? Everyone who posted them? What about everyone who viewed them?
Why are you discussing a maximum sentence as if it is a minimum sentence? I read your link and it appears to be an offence triable either way - the same as many other crimes and the treatment of which depends on its seriousness. Why would this one get special treatment? I was on the fence before, but having read s67 Sexual Offences Act I think it is a pretty effective proposal for closing an obvious loophole. It is
supposed to deal with the perpetrator/act. I
agree with treating distribution as a separate matter *shrug*
We seem to have an enormous difference in society's views on how women and men should be treated. I note that one or two posters in this thread have said that upshorting should be wrong as well (and that is a coherent viewpoint). However this isn't the view of society. Society may not feel that it is quite right, but it does seem to be tolerated, and the implication is that it is the fault of the man for showing too much.
You're entitled to your opinion. I don't agree. I think it's that women are more frequently the subject. I have literally
never heard a man be blamed for 'showing too much'. The proposed amendment to the Act however, is gender neutral - as it should be.
I think we have to be very careful about a law which appears to have as its premise that women should be treated differently from men. The implication is that women are weaker than men. I don't like Chope, but maybe in this case he is right. This law needs more discussion.
I don't know where you are getting that premise from - the amendment to the Act would apply to everyone equally. Do I think women are more likely to be the victim? Yes. This doesn't imply that women are weaker than men, just that men are more likely to commit this offence and more often against women. Huge unsubstantiated leap you're taking there. I thought it may have needed more discussion before - having read it in the context of the existing act, I don't.
I suggest there are two, key aspects that are wrong:
1) it tackles upskirting but not upshorting, and implicitly treats women as weak and needing addition protection.
2) the sentences are absurd. A woman in a skirt stands on a balcony. A man below with a mobile phone takes a picture on his phone without really thinking about what he is doing. The picture does not show the woman's face and she cannot be identified. He goes to prison for two years. I'm not condoning what the man does, but it does not merit the cost to society of his term in prison (and subsequently) nor does it justify absolutely wrecking his life.
1) Where are you getting this from? In the link you posted the language was neutral -
if equipment is operated beneath a person's clothing. If a man's balls are hanging out of his shorts then it's not covered by voyeurism and equally if a woman gets out of a car, inelegantly shall we say, then it's not covered by voyeurism. Despicable to photograph it, but not an offence under this proposal. Stick a camera up her skirt or up his basketball shorts, or lie on the ground to get the shot and it is.
Tiny daisy dukes leaving nothing to the imagination and a picture is snapped? Not covered by the Act. "Would not otherwise be visible" is specifically stated. You can't get the shot unless the camera is beneath clothing. If your complaint is that recording equipment can be covertly inserted more easily under women's clothing than men's, or that women are more likely to be a victim since men are more usually the perpetrator, I don't know what to tell ya. Maybe men can wear skirts too and then they don't need to feel left out.
2) So why would this be tried as an indictable offence in this instance? Yes, technically he might be physically beneath her clothing by virtue of her being on a balcony BUT how would underwear visible to everyone in the vicinity qualify as "not otherwise visible" causing him to be charged, much less sentenced? Was the balcony at street level and he commando crawled underneath to get the shot? I disagree that the sentences are absurd as it is a 2 year maximum. I can well imagine circumstances where 2 years is deserved, but lets fact it - they'll all just get fined.
And back to the LPSG community - an upshorting thread has been accepted for ten years and continues to be accepted. Maybe we should see this as wrong, but we need to get real. Maybe it is adequate to have a policy where a picture is taken down if someone objects, perhaps the subject. Maybe we should distinguish pictures which identify faces and those which do not (the proposed upskirting law does not).
Accepted by who? The community as a whole? No. However, there is a prevailing belief in some quarters that if it gets some people off it's ok, it's harmless. It's not. It's a violation, end of story. The site owner accommodates it, end of story. Go back and read La Femme's post if you want to 'get real'.
The proposed law is very badly thought out and will inevitably cause problems. Think of the man who is convicted, goes to prison and kills himself. Think of the woman who decides to use it as an entrapment by egging on a man. Think of the foreman of a building site who decides his workforce will remain all male because women are clearly too weak to work on a building site, and sets out as justification that the law treats women as weak.
What?
What? No thanks, I don't think I will prioritise the wellbeing of the perpetrator, they made their choice to violate someone else. My empathy rests with the victim.
The woman who decides to use it as entrapment? Ah, because we are such devious beings and these 'traps' are obviously the more prevalent issue, gotcha.
The last point? Stop, just stop.
Non-consensual violations against a person that others derive sexual gratification from are still violations against a person, there is no mitigation that it's someone's kink. I don't think you appreciate the impact it can have on the victim - at least that's how you come across here. Having read the proposed amendment and the rest of s67 I don't think it
did need to be debated. You changed my mind.