joreth | (Reply)

I did a little research on the incident, and one thing I did find was that she was not actually on his property (something I consider to be absolutely *the* material factor in the case). She was walking on a path on common property which runs by his house. There does not appear to have been any trespassing.

However, he was charged with indecent exposure, which requires both exposure, and an "indecent act". Being nude in one's own home has clearly and repeatedly been determined not to qualify as "indecent" under Virginia law (where the incident took place.) So, ultimately, he is highly unlikely to be prosecuted, and unless there are facts which have not been revealed, even if he were, he would almost certainly be found not guilty.

Also, on the Q&A I read, several people brought up the whole "peeping" thing, and since the viewer was on public property and her viewing him required no special attempt to circumvent any attempt at privacy (such as looking through a crack or peep hole), she cannot be charged with "peeping" in Virginia. There were apparently no blinds or curtains on the windows through which she viewed him.

So, the bottom line is, if:
a) you live in Virginia,
b) you like to be nude in your home,
and c) you have windows which face adjacent public property or property belonging to others,

then make sure you have blinds or curtains on your windows which prevent you from being exposed to any passers by. (Good advice on all accounts as far as I'm concerned.)

The law may be different where you are, and a similar case might go differently there.

BTW, I totally agree on the whole gender bias rant. It's absurd, and pisses me right the fuck off!