2008 Woodie Awards
Streakers found not guilty
Nude women do not fit letter of indecency law
Kelly Michaud
Issue date: 1/31/02 Section: News
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Following a court hearing Wednesday, involving two University of Maine women, 3rd District Court Judge Jessie H. Gunther, ruled that if a woman is not showing her genitals, she is not in violation of the law.
The students, Kathryn Mann and Debra Gallou, were found not guilty of indecent conduct.
On Nov. 2, 2001 the girls streaked from a party on Elm Street to Main Street. Orono Police Officer Josh Ewing spotted them, did a "double take," he said, then arrested them. They were both charged with indecent conduct.
The Maine indecent conduct law prohibits anyone from "knowingly exposing [his or her] genitals [in public] under circumstances that, in fact, are likely to cause affront or alarm."
During their arraignment, both planned to plead guilty to indecent conduct charges until Judge Ronald Russell questioned whether a naked woman walking or running down a street was breaking the law at all.
Wednesday the court put the wording of law to the test.
Assistant District Attorney James Diehl questioned Officer Ewing, who testified that the women were indeed in a public area and that they were wearing "not a stitch of clothing."
Ballou and Mann then separately asked Ewing the question: "Officer Ewing, did you see my genitals?"
Ewing said "no" in both instances.
Diehl argued that the state's position on this statute is that "they [the defendant] must knowingly expose their genitals and nothing states that the genitals need to be observed."
Judge Gunther felt otherwise.
"The evidence does not sustain guilt," Gunther said Wednesday.
Gunther also added that following the ruling, she thinks "the legislature will address this issue in due course."
Ballou and Mann were both relieved with the verdict and said Ewing is probably the "best cop" they've ever encountered.
"I'm really happy about this," said Ballou, a 20-year-old horticultural science major. "I think Orono is the best town for it to happen to and I think people need to calm down and relax."