A lawyer has argued before the Supreme Judicial Court that women "cannot expect privacy" in a subway, in defense of the Andover man who is accused of using his cell phone camera to snap "up-skirt" pictures of female passengers.
On behalf of Michael Robertson his attorney said that if a clothed person reveals a body part whether it was intentional or unintentional, he or she can not expect privacy, the Eagle Tribune reported.
The 31-year-old man was arrested in August 2010 for allegedly trying to take photos up women's dresses on Boston's Green Line subway.
Menken insisted that the laws regarding taking unwanted pictures of women are outdated and protected under the First Amendment.
