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The Video Voyeurism Prevention Act: A Legal Primer

Macarena

No matter what the circumstances, it is never right to videotape, record, or take pictures of someone without their knowledge or consent. Think about this. You are at home. You think you can sing to your dog and dance the Macarena in your kitchen without anyone looking. You’ve taken showers, shaved your legs, and used the bathroom in what you thought was your private sanctuary. Then one day, you found out that someone had been recording every last thing you did. Every last word you said and every last private moment had been exposed by the monster who did it to you.

Sometimes we hear of cases where a stranger put a camera in a ladies’ shower room or in a college dormitory. Sometimes the perpetrator is someone the victim knows. A partner that the victim has known for years can be found to have been watching them way beyond the boundaries of normal for most or all of their time together. Whoever the perpetrator is, it’s wrong to do that to someone. Congress agreed. That’s why the Video Voyeurism Prevention Act was proposed and enacted.

There are seven versions of this bill. It is Bill Number S.1301 for the 108th Congress. The first was introduced in 2003 and the seventh on January 20, 2004 was enrolled as agreed to or passed by both House and Senate.

This act prohibits video voyeurism in the special maritime and territorial jurisdiction of the United States. Basically what this bill protects victims against is anyone having the intent to capture an improper image of them and knowingly does so under circumstances that violate the privacy of that person.

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This means using videotapes, photographs, and films. This also includes recordings by any electronic means. An example of this would be recording your phone calls or any other private conversations. An improper image, with respect to an individual, means an image captured without the consent of that individual. This improper image would include naked or undergarment clad genitals, pubic area, buttocks, or female breast. Sometimes the perpetrator electronically transmits the visual images with the intent that they be viewed by someone else.

We would like to think that when we undress, we have privacy in doing so. When we are in the privacy of our homes, we expect that the things we do in our homes will not be made public. If the perpetrator feels wronged by the victim, they typically take their gathered material and expose the victim to anyone who will look and listen. This is the perpetrator’s sick way of being vindicated when things didn’t turn out how they intended.

Well, this does not turn out well for the perpetrator either. Whoever violates the privacy of anyone in these ways can expect to be fined or imprisoned. Anyone who has ever been victimized in this way deserves justice.

The person who hurts someone in this way deserves to be punished. If they didn’t, the House and the Senate would never have allowed this bill to be passed. While the voyeur is sitting in jail, I think this would be a good time for them to get some psychological help. This person obviously has issues that need to be addressed. They need to learn basic boundaries in regards to relationships with others and everyone’s right to privacy. They need to learn that they don’t own another person or that person’s belongings. They need to learn to respect others. Somewhere along the line, this criminal fails to give their prey basic human dignity. They fail to see anyone besides themselves.

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What happens to the victim? Women are usually the victims of this offense. Serious psychological harm can result. The sufferer can experience a variety of emotional complaints including insomnia, depression, anxiety, and phobias. This experience can leave the victim nervous and worried. They may have sudden outbursts of anger. There can be a marked breakdown of self-esteem. How hard is it for the victim to trust others again? Very difficult.

It is sad that some people will go to such extreme measures to hurt others or please themselves. This one’s a crime. If you’ve been a victim, don’t shrink away into a corner, helpless and afraid. Step up, and seek the justice you deserve. It’s time to heal.

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