Jon Claremont said:
Another take on this:
My wife is young and attractive. When we lived in London she went swimming every day, one straight hour of lengths. So she's fit too.
Once every couple of weeks a guy would show up, same guy every time, with a videocam and film her swimming up and down.
It made her feel very uncomfortable.
Jon,
I don't know what the laws in the UK are regarding this - and I do not know if your wife and the video dude were 'in public'. All I can do is transpose the situation to the USA to address it.
First, I am not surprised that it made your wife uncomfortable. It would make me uncomfortable, too. The question has never been whether one is 'right' to feel uncomfortable, unsettled, angry or as if one's privacy has been invaded. Of course it is understandable that she would feel that way.
The question is, what should be done about it? Should it be a crime that someone else be made to feel uncomfortable? And if that is true, where do we stop? There are many things that happen to me when I am in public that make me feel uncomfortable, shall we pass laws to attempt to prevent this from happening?
I have said this before - in the past, it seemed that we all understood that being in public meant 'taking no offense' - now it seems we have rotated that to the point of 'giving no offense'.
Laws are seldom scalpels - they are bludgeons. Let's say that we decide that your wife, and all women in similar situations, should be protected from creepy men with video cameras who make them feel uncomfortable. So we pass such a law, and now when your wife sees the fellow, she calls the police and he is arrested. Justice is done, your wife can swim in peace.
Of course, the fellow who used to take photographs in the public square is now netted by this law too, because someone complains that they are made to feel uncomfortable and the law is so broadly-written that he is swept up in it. The fellow at a football game who is taking photos of the players is reported by the father who thinks he is actually taking photos of his teenage cheerleader daughter. Even the paranoid parent at a graduation can have all the photographers there arrested because it makes them uncomfortable that their precious child is being recorded by who knows whom for God knows what reason.
Am I taking this too far? Would this never happen? I don't think so, it has happened in Texas already. A law designed to prevent perverts from taking bathroom and upskirt photos is stopping them, all right, but is also resulting in the arrest and near-prosecution of just your regular average photographers who like to take (innocent) photos. And the thing is, there was already a law on the books that made bathroom photography illegal - the lawmakers were just overreacting to a (quite proper) outcry against the nasty little upskirt photographers. As is usually the case, they went overboard with their law.
And so I ask you - is this the price we want to pay to prevent your wife being made to feel uncomfortable?
I am not making light of your wife's discomfort. As I've said, it is quite understandable. What I've been attempting to say is that in a free and open society, where we wish to preserve the maximum liberty possible while keeping people safe, it sometimes means we have to put up with being made to feel uncomfortable - if the alternative is an unwarranted clamp-down on the rights of those who have done no wrong as well as those who it is intended to stop.
I worked in a modern hi-rise building once where one guy had his desk turned around to face outside instead of the rest of the desks, which were all angled inwards. I asked about it, and was told that the guy who sat there had bulging eyes (like Grave's Disease victims) and he had been complained about by several of the female employees on that floor. They were made to feel uncomfortable because he 'stared at them with those creepy eyes.' And his eyes WERE creepy, no doubt about it. But to protect their feelings, he had to turn his desk around and avoid looking at people, or lose his job.
I feel there is a limit to what one can or should be able to legally do about being made to feel uncomfortable.
Best Regards,
Bill Mattocks