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O ne summer day inLucy Parkinson, then 21 years old, was shopping in Ealing, west London, when she heard behind her an altercation between two men. Upskirting is the term used to describe taking photographs, often on a mobile-phone camera, up an unsuspecting woman's skirt. It could have happened a dozen other times too, for all I know.

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The lawyer, also known as 'Mr Loophole, caused outrage with his remarks in which he compared a woman wearing a skirt to a homeowner "leaving the back door open" to burglars. Celebrity lawyer Nick Freeman has sparked fury after suggesting women could avoid being victims of 'upskirting' if they "assumed some responsibility" for the clothes they wear. However the Cheshire-based lawyer, dubbed 'Mr Loophole' for his record in helping famous clients such as Chris Tarrant and Paddy McGuinness dodge motoring offences, his comments were not sexist.

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There are personal repercussions. And there should be more legal punishment, too. It all depends on what camera angle the creeps are using, which body part they focus on and, until this week, which state they lived in.

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It is often performed in a public place such as on public transport or on an escalator, with crowds of people making it harder to spot people taking these photos. Being victim to such an incident can cause emotional distress for a long time after it has happened. If you catch somebody doing it the perpetrator can be arrested under the new offence, and face up to two years if convicted. In Scotland, upskirting has been an illegal offence since when it was listed under the definition of voyeurism.

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It was the end of a very busy week at Cosmo politan and art director Victoria Horn couldn't wait to get home to see her father who was visiting her in London for the weekend. She made her usual journey home by tube from London's Oxford Circus and was almost at the top of the escalator at Stratford Underground station when she felt something behind her. Then I felt something brush against the top of the back of my thigh," explains Vic.

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However, with the advent of much smaller, smarter cameras becoming widely available, the defenders of this sort of activity have dwindled to zero. This pattern of public debate is a familiar one. Ardent campaigners set out their stall to change the law.

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Taking 'upskirt' photos of women on public transport is legal because they are not naked, a high court in the US state of Massachusetts ruled this week. A judge overturned the ruling of a lower court in charges against Michael Robertson, a man who took mobile phone photos up the skirts of women riding on the Boston subway. Robertson was arrested in August after a sting operation involving transit police. It followed multiple complaints that he had been taking photos up the skirts and dresses of female passengers on public transport.

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Paul Appleby was obsessed with photographing up women's skirts. Appleby, of Rushden, Northants, admitted two counts of committing an act of outraging public decency at Northampton Magistrates Court and was given a three-year community order yesterday. Prosecutor Wendy Westrope said: "The witness watched him walk up behind a blonde lady, who was wearing a skirt with a split in it, and then he bent down and took a picture up her skirt.

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Skip navigation! Sophie: "I never thought to report it or tell anyone. When I look back on it though, it did affect me. After two men took upskirt photos of Gina Martinshe began a campaign to make it a sexual offence.

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