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55 Am. Crim. L. Rev. 203 (2018)
To See and Be Seen: Reconstructing the Law of Voyeurism and Exhibitionism

handle is hein.journals/amcrimlr55 and id is 213 raw text is: 

                           TO   SEE   AND BE SEEN:
                     RECONSTRUCTING THE LAW OF

Stuart P. Green*


   Lady  Godiva  was  an  11th-century  Anglo-Saxon   noblewoman who lived with
her husband,   Lord  Leofric, in the English  village of Coventry.'  According  to a
legend  dating back  to as  early as the 13th  century, the compassionate   Godiva,
concerned   about the  harsh tax burden   her husband  had  placed  on his  subjects,
appealed  to him,  over and  over, for their relief. At last, weary of her entreaties,
Leofric set forth this challenge: if his wife would ride naked through  the center of
town, the tax would  be lifted. Lady Godiva  took him  at his word, and the next day
rode her  horse down   the main  street of Coventry, covered  only by her  long hair.
According   to one version of the legend, a proclamation was  issued that all persons
should  stay indoors and shutter their windows  during Godiva's  ride.2 According  to
an alternate version, the people stayed indoors voluntarily, shuttered behind closed
windows   as a gesture of respect and appreciation for her actions on their behalf. 3 In
the end, Lord Leofric made  good  on his promise  and announced   that the tax burden
on his subjects would  indeed be lifted.4
   A subplot  in a later version of the Lady  Godiva  legend  involves the role of a
young  tailor known   forever after as Peeping  Tom.  According   to the story, the
lustful Tom  drilled a hole  in his shutters so that he might  see Godiva   pass. As
divine punishment,   Tom  was  subsequently  struck blind (or dead, according  to yet

  * Distinguished Professor of Law, Rutgers Law School; Leverhulme Visiting Professor of Law, London
School of Economics (2016-17). Earlier versions of this article were presented at faculty workshops at the
Universities of Bristol, Cambridge, Connecticut, and Warwick, and as a public lecture at the LSE. I am most
grateful for the many helpful comments and questions I received. Special thanks to Curtis Alva, Carlos Ball,
Jennifer Collins, Michelle Madden Dempsey, Matt Dyson, Jeremy Horder, Elizabeth Jeglic, Nicky Padfield,
Jonathan Rogers, Julia Simon-Kerr, Victor Tadros, and Alec Walen. D 2018, Stuart P. Green.
Godiva: The Naked Truth, HARV. MAG. (Jul.-Aug. 2003), http://harvardmagazine.com/2003/07/lady-godiva-the-
naked-tr.html; Lady Godiva: The Naked Truth, BBCNEWS (Aug. 24, 2001), http://news.bbc.co.uk/2/hi/in-depth/
uk/2000/newsmakers/1507606.stm; Lady Godiva, WIKIPEDIA, https://en.wikipedia.org/wikilLadyGodiva. The
story of Lady Godiva and Peeping Tom is also discussed in John Draeger's analysis of voyeurism's wrongs. See
John Draeger, What Peeping Tom Did Wrong, 14 ETHICAL THEORY & MORAL PRAc. 41, 42 (2011).
  2. See, e.g., Alfred Lord Tennyson, Godiva (orig. publ. 1842), reprinted in THE POETICAL WORKS OF ALFRED
TENNYSON, POET LAUREATE 63-64 (1870) (Godiva sent a herald forth, And bade him cry, with sound of
trumpet ... From then till noon no foot should pace the street, No eye look down, she passing; but that all Should
keep within, door shut, and window barr'd).
  3. DONOGHUE, supra note 1, at 69.
  4. Id.


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