Mark Jahnke is a former Waunakee High School teacher found guilty of violating a voyeurism law. On Tuesday, an appellate court upheld that conviction on grounds that even people who are nude around others, still have an expectation of privacy. Read more about this case below.
Wisconsin Appellate Court Finds Right of Privacy for Nude People
Mark Jahnke, age 45, was found guilty of video taping his girlfriend nude and while having sex with her, without her knowledge or consent. The girlfriend first became suspicious when she noticed a red flashing light in a pile of laundry.
Jahnke’s attorny, Michael Herbert, argued that because the girl was walking around nude in front of his client, that she gave up any expectation of privacy. Therefore, the voyeur law would not apply.
Prosecutors argue that the law would make no sense under this interpretation. The appellate court agreed with the prosecutors saying that there is an expectation of privacy not to be secretly video taped and that the law was correctly applied here.
OPINION:
I think they made the right decision here. The law was designed to prevent people from being video taped without their consent and knowledge. Just because I feel okay about walking around a person nude, doesn’t mean I want them to video tape me.




January 4th, 2009 at 6:26 pm
This was a good decision. How refreshing. Video can be used later in ways to hurt her so she has a right of privacy and informed consent. Creepy thing to do. One more coffin nail in any trust between people in relationships.
January 7th, 2009 at 2:57 am
[...] as against being recorded. (See also Associated Press | Capital Times | Fox | Jonathan Turley | RightJuris.com). Dan argues: The majority opinion wisely avoids a trap that many courts get into — [...]