washco-courthouse.jpg

Washington County Circuit Court is located in downtown Hillsboro.

(File photo)

Patrick Buono

A Washington County judge tossed the case Thursday against a man who stealthily shot pictures up a girl's skirt while she shopped in a Beaverton Target store.

Patrick Buono, 61, of Portland was acquitted after the judge determined that there was no law in Oregon that bans "upskirting."

The decision by Circuit Judge Eric Butterfield riled many readers and displeased the judge himself.

"You are a sick man, Mr. Buono," he said as he delivered his ruling.

It was "frustrating" and "upsetting," Butterfield said, but there was no statute that squarely addressed Buono's conduct. Because the 13-year-old girl wasn't nude and the photo wasn't sexually explicit, he said, the act did not fit invasion of privacy or child porn statutes.

The decision struck a nerve and generated a lot of conversation. Here's what some have had to say:

Esther: "Its a frigging sexual assault of a minor. This judge is insane."

PantsUpDontLoot: "When you wear a skirt you are covering a private area. Don't you have an expectation of privacy when you cover your private areas? That what outer clothing does, it covers private areas!"

Kev: "This is nuts we wear clothing, including skirts to protect some of our bodies while in public.

How can this be legal? ... I am all for civil rights but this is stupid"

michael22: "I understand this is an emotional issue, but it appears the judge made his decision based on facts, existing laws, and his interpretations.

Could he have interpreted differently? Yes, welcome to our judicial system. Is he an 'activist' judge? It appears not.

Want to have better influence on the outcome in the future? Contact your legislator."

Keith Lofstrom: "The problem is not the judge, it is the law. We do not want judges who invent new laws to stop new crimes. Laws are created or improved by legislators. If every commenter here emailed their state representative and senator and asked for a law against this behavior, it would be illegal by the end of the year."

facebrick: "Obviously, the law needs to be changed. ...

Do girls now wear skirts and dresses at their own risk because it's okay for perverts to make deliberate efforts to look beneath them? ...

Legislators, write and pass a new law."

Girl from the Pearl: "Attn - Oregon legislature. Stop what you're doing and amend this law to protect children."

-- Emily E. Smith

esmith@oregonian.com

503-294-4032; @emilyesmith