http://www.telegraph.co.uk/global/main.jhtml?xml=/global/2008/05/16/noindex/breast.xml&CMP=EMC-expat2008">Breasts not for looking, but pecs OK
It is perfectly legal to ogle a man's chest but not a woman's breasts, according to an unusual ruling on what constitutes voyeurism by a panel of leading judges at the Court of Appeal yesterday.
Only women's breasts can be regarded as "private parts", whereas the male chest – even if the male in question has man breasts, or "moobs" as they are known – cannot, the judges say.
The distinction between the sexual status of the female and male chest area was made during the quashing of a conviction for voyeurism at a public swimming pool.
Kevin Bassett, of Spalding, Lincs, was found guilty last year of the charge after he secretly filmed a man as he showered in his trunks.
The 44-year-old care home worker was given an 18-month supervision order, but appealed on the grounds that the alleged offence did not fall into any category in the 2003 Sexual Offences Act under which he was charged.
Lord Justice Hughes, sitting at the Court of Appeal in London with Mr Justice Treacy and Sir Paul Cresswell, said the trial judge had given the jury legal directions before they retired, but had failed properly to address the question of the meaning of breasts.
He ruled that Judge John Plumstead's directions to the jury were flawed and quashed Mr Bassett's conviction.
Referring to the 2003 Act, Lord Justice Hughes said: "The intention of Parliament was to mean female breasts and not an exposed male chest.
"The former are still private – amongst 21st century bathers – the second is not. This Act didn't mean to refer to the male chest but only to female breasts, it follows that the judge's directions on the meaning of breasts was erroneous."