Social Question

rebbel's avatar

If a group of women were to be topless, at the same location as where a group of men were topless the beach, a mall, a park, etc. and they the women were arrested, tried and convicted, could they have a case if they go from court to court untill they end up at the highest court in the world?

Asked by rebbel (35549points) January 17th, 2012

From court to court: In case that one court convicts them again, they would go in appeal with the next (higher) court.
The case would be to be treated the same as men in similar conditions?
I have always wondered this, and I have also always thought that they could win a case like that we are, after all, all the same; humans that is.
What do you think?
Would we, women, win it?

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28 Answers

Simone_De_Beauvoir's avatar

It’s not a legal matter, it’s a matter of social control. Women can be legally topless but aren’t because they’re shunned.

rebbel's avatar

I didn’t know about it not being a legal matter, to be honest.
Actually, I thought it would be forbidden in certain states of America to be topless for women, but I guess I am wrong in that.
Anyway, if it is a matter of being shunned, then still my initial ‘plan’ could work, I would think:
A group of women, would they let themselves be shunned???
Surely not?!

john65pennington's avatar

What is the difference from men and women wearing underwear out in the open and can be arrested for indecent exposure, but their ads on television and wearing underwear is okay?

saint's avatar

No body really knows why men have a different fascination with female breasts, than females have with male [breasts}?
But it is clear that they do.
It may be stupid to have different laws that deal with this difference, but the difference clearly exists, and it should be no surprise that there are different attitudes about it.
I don’t know exactly why it is, but I say women lose the argument, at least in the short term.

Simone_De_Beauvoir's avatar

@saint They do not lose. To lose an argument implies there was an argument and that there was equality where there never was, on this matter or many many others.

marinelife's avatar

Men and women are not the same. Breasts are considered secondary sexual characteristics.

Women cannot go topless in this country except to breastfeed.

No, I don’t think they would win in today’s world and social and sexual climate.

Mariah's avatar

According to wikipedia in most US states a woman going topless would be considered indecent exposure.

I think it is bizarre how female breasts are sexualized, but there’s probably no getting rid of it. But I still think it’s bullshit that women could get charged with a crime for doing something that men can legally do. I don’t know if they’d have a case, however.

saint's avatar

@Simone_De_Beauvoir
Maybe I missed the point. I figure it is a political question, and the politics support me. If you mean that there is some metaphysical truth that transcends politics, then you are correct. But since when did any of that matter to politicians?

LezboPirate's avatar

No shoes, no shirt, no service. Those are the rules for everywhere I go. Even the men. Nobody cares when you’re outdoors. Because the only place you’re going to be topless there is back in the woods in the middle of the night, around a camp fire. So boozed up you don’t even know you’re topless anymore. We’re pretty equal here in Alaska. Relatively..

jaytkay's avatar

Going topless is completely legal in a few US cities. But few women make it a habit.

I am not making a point and I don’t have a strong opinion on the subject I just wanted to add the fact to the discussion.

Asheville, NC
Austin, TX,
Boulder, CO
Columbus, OH
Eugene, OR
Keene, NH
Key West, FL at Fantasy Fair
Madison, WI,
New Orleans, LA, at Mardi Gras
New York City
Portland, Or,
Santa Fe, NM
South Miami Beach, FL (on the beach)
Washington, DC

http://gotopless.org/topless-laws

rebbel's avatar

Why would the politicians have to come in to this?
Isn’t it judges that would be needed?
And if this would go on to be a case in court, would the prosecutors bring sex and sexuality into it?
In my opinion we are talking about bodies (men’s and women’s bodies), if you wish, as a shell.
Women could say that their breasts are not just sexual body parts.
He (or she) who thinks they are merely that, is guilty him-/herself of sexualizing breasts, in my opinion “the eye of the beholder”.

jaytkay's avatar

Why would the politicians have to come in to this?
Isn’t it judges that would be needed?

??

Politicians write the laws. Judges adjudicate whether people are following those laws or not.

rebbel's avatar

Sorry, @jaytkay, I know that politicians write laws, but in case ‘my group of women’ were to go to court right now, today, the judges would have to judge it with the laws that exist today.
And it could be that untill now they have interpreted these laws incorrectly?
Of course politicians would be quick to introduce new laws to make topless for women in the park illegal again, I think.

Simone_De_Beauvoir's avatar

@saint Politics aren’t removed from life, they’re a reflection of patriarchy.

saint's avatar

@Simone_De_Beauvoir
Oh. Then strike my answer.

Coloma's avatar

I think the judge in the highest court would enjoy the challenge of the case immensely. lol

Zaku's avatar

It’s a regional social convention about how to behave, what is polite and what is not.

I think people have the right to have both topless and non-topless rules for different places, and they do.

BTW in many places in Europe, it’s legal, not uncommon, and not unduly distracting for women to go topless. Fairly often there are topless billboard ads. It still gets some attention. Another example was the Danish anti-speeding group whose young damsels would go topless and hold signs asking drivers to slow down…

Imadethisupwithnoforethought's avatar

Might I ask, in a totally non-sexist, curiosity based way, why women go topless to public beaches.

Is it some sort of arms race amongst women who think they have nice breasts for attention?

LuckyGuy's avatar

My town is on the shores of Lake Ontario. One woman decided the laws were unfair and sexist and brought it up at a Town Board meeting. The Board voted in agreement and now the beach is topless and has been for many years. I’ve never seen any topless women.
Darn it.

wundayatta's avatar

I wish more women would walk around topless. I wish it was cool to stare when you make eye contact with a set of beautiful tatas. I wish we didn’t have to do anything but make love all day long. I wish. I wish.

Court case? Ain’t no court case gonna settle all that.

Not nohow!

DrBill's avatar

the idea clothing is required by law is proof we are governed by prudes.

The idea that 90% of the world believe in a God, and yet they are ashamed of how he made the human body, is illogical,

fundevogel's avatar

@saint “No body really knows why men have a different fascination with female breasts, than females have with male [breasts}?”

Nothing you say will convince me that I’m not fascinated by male breasts man chests.

This must be some sort of assbackwards thing where I can view scintillating manflesh because society doesn’t think me and my ilk will lose our minds and jump innocent men, but you can’t possibly permit exposed girl flesh because god knows what will happen.

Every one should calm down and get naked.

tranquilsea's avatar

@Imadethisupwithnoforethought I’d want to go topless for the same reason my hubby does: I don’t want tan lines messing up every damn summer top I own.

zenvelo's avatar

@jaytkay You can add San Francisco to your list. Here anyone can be nude as long as they are not aroused. But people would like it if you put something under your butt hole when you sit down.

fundevogel's avatar

I totally didn’t use that word right. I meant titillating. Titillating manflesh.

HungryGuy's avatar

First of all, what country do you live in? AFAIK, it’s not illegal for women to be topless in any countries except a very few where religion has a lot of influence over politics (like most Arab countries, and the USA). In fact, in eastern Europe, you can occasionally glimpse a naked women wandering down a city street (though not common).

Furthermore, I don’t think there’s a court that’s the highest in the world. Unless you mean the United Nations, but they don’t get involved in issues involving naked women roaming about in public.

Strauss's avatar

When I was in Texas, I heard it a nude man could be arrested for indecent exposure, but a woman couldn’t because indecent exposure involves the genital organs.

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