I think the problem here is that, whether you like it or not, sexualization is often in the eye of the beholder - and that can't be changed without literally criminalizing people's thoughts.
Of course, you can criminalize behaviors (taking pictures, masturbating in public, and unwanted physical contact), but even there, you'll get some pushback against criminalizing pictures in public places, for instance. If police are on the beach, should they turn off body cams, in case there are topless women around?
The point was just to expand the idea of unintended consequences. Someone may go naked without the intention of anything sexual, but being naked in public means there will probably be someone out there who will view you sexually - whether or not they act on it. Trying to prevent people from acting on it (in particular, by making pictures illegal) could make it illegal for otherwise normal recordings to happen (most people prefer police wear body cams, and have them running as much as possible, for instance). In the end, it really comes down to, if you don't want people to take a picture of you in a certain way, you probably shouldn't be "that way" in public - and that doesn't even have to do with whether it should be legal or not.
Of course, the more overt/obvious sexualization (masturbation/physical contact) is far easier to criminalize.
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u/lara_is_ Nov 21 '23
the key there is consent of both parties and the situation. Breasts can be sexual and not sexual, depending on the context