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本帖最后由 HeartSutra 于 2015-8-2 15:12 编辑
In 1991, toplessness as an indecent act was challenged by Gwen Jacob in Guelph, Ontario, who removed her shirt and was charged with indecency. Part of her defense was the double standards between men and women. Although she was convicted, this was overturned by the Court of Appeal. This case determined that being topless is not indecent within the meaning of the Criminal Code.
On July 19, 1991, a very hot and humid day, Gwen Jacob, a University of Guelph student, was arrested, after walking in a street in Guelph, Ontario while topless after removing her shirt when the temperature was 33 °C (91 °F) and was charged with indecency under Section 173(1)(a) of the Criminal Code. Police stated that they acted following a complaint from a woman who was upset that one of her children had seen Gwen Jacob. Jacob stated she did it because men were doing it and she wanted to draw attention to the double standard. She was found guilty and fined $75. In her defence she argued that breasts were merely fatty tissue. In finding her guilty the judge stated that breasts were "part of the female body that is sexually stimulating to men both by sight and touch," and therefore should not be exposed.[4] She appealed, but her appeal was dismissed by the Ontario Court (General Division), and she further appealed to the Ontario Court of Appeal.
Gwen Jacob was acquitted on December 9, 1996 by the Ontario Court of Appeal on the basis that the act of being topless is not in itself a sexual act or indecent. The court held that "there was nothing degrading or dehumanizing in what the appellant did. The scope of her activity was limited and was entirely non-commercial. No one who was offended was forced to continue looking at her" and that furthermore "the community standard of tolerance when all of the relevant circumstances are taken into account" was not exceeded. |
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狗仔卡
发表于 2015-8-2 08:04:04
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