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Ex-Playboy model charged in gym ‘body-shaming’ photo case

LOS ANGELES » In a pioneering prosecution against “body shaming,” the Los Angeles city attorney’s office today filed criminal charges against a former Playboy playmate, alleging she secretly photographed a 70-year-old woman in the nude while she was in the shower area of a Los Angeles fitness center.

Prosecutors often use invasion of privacy charges against peeping Toms and people who conceal cameras to take sexually suggestive photos of women. But legal experts said this marks a rare time authorities have brought charges against someone over photos making fun of someone’s weight. It comes amid growing awareness and outrage about “body shaming” — particularly common on social media.

Prosecutors charged Dani Mathers, 29, with one misdemeanor count of invasion of privacy. Mathers is accused of posting an image of the woman on her Snapchat social media account in early July with a mocking caption about the woman’s appearance, sparking a widespread public outcry.

Mathers later apologized for taking a photo of the woman in a locker room shower at an LA Fitness exercise center and posting it online.

“That was absolutely wrong and not what I meant to do,” she said. “I know that body shaming is wrong. That is not the type of person I am.”

She said the photo was meant to be sent as a private message, but was posted publicly.

Mathers’ attorney Thomas Mesereau said his client did nothing illegal.

“I am disappointed that Dani Mathers was charged with any violation,” he said. “She never tried to invade anyone’s privacy and never tried to violate any laws.”

City Attorney Mike Feuer said today that it was important to send a message with the criminal charges filed against Mather.

“Body shaming is humiliating, with often painful, long-term consequences,” he said. “It mocks and stigmatizes its victims, tearing down self-respect and perpetuating the harmful idea that our unique physical appearances should be compared to air-brushed notions of ‘perfect.’ What really matters is our character and humanity. While body shaming, in itself, is not a crime, there are circumstances in which invading one’s privacy to accomplish it can be. And we shouldn’t tolerate that.”

Los Angeles police began an investigation in July after receiving a report of “illegal distribution” of the image. LA Fitness officials reported the posting to police as well, officials said.

Mathers shared the photo of the naked woman July 13 with the caption: “If I can’t unsee this then you can’t either.”

Leonard Levine, a veteran Los Angeles defense attorney who has defended cases involving gym photos, said all those cases involved alleged voyeurs. This case is different because the motive for sharing the photo appears to be solely mocking the woman.

“I am not aware of any case where it was done other than where prosecutors alleged it a prurient interest,” he said.

Former prosecutor Dmitry Gorin agreed the circumstances here are unique.

“Most have some lascivious intent. In this case, the aspect of the shaming is a very unusual motive that I have not seen prosecuted before,” he said.

Lawyers for Mathers could say the alleged victim did not have an expectation of privacy, said Louis Shapiro, a Los Angeles defense attorney.

“Mathers can argue though that a person has no expectation of privacy in the locker room when they are undressed and that the prosecution is simply trying to stick a square peg in a round hole because they don’t have the evidence for the charge they really want to prove … ,” he said.

Digital technology has made the capturing of others secretly in their most private moments easier.

A prominent Washington, D.C., rabbi last year was sentenced to six years in prison after he pleaded guilty to secretly recording 52 women as they prepared for a religious bathing ritual.

In California, a U.S. Border Patrol supervisor admitted in federal court that he secretly recorded seven female co-workers in the bathroom of the Chula Vista office. Some states have increased the penalties for taking secret images, making it a felony. In New York offenders can get up to four years in prison for a first offense.

11 responses to “Ex-Playboy model charged in gym ‘body-shaming’ photo case”

  1. den says:

    you must have doo doo for brains if you make a “mistake” like that.

  2. CubbyFan says:

    Lets see if Doo-Doo brains looks good in Orange:-)

    • HIE says:

      It’s a misdemeanor that she’s charged with. Doubtful she’ll see any prison time even if found guilty. But the victim should definitely file a civil suit to really teach her a lesson.

  3. atilter says:

    when this “playboy model” was in line for body parts, she didn’t spend enough time in the brains department line! if she can’t unsee something/someone, then why take the time to take a questionable photo??? just leave the scene, stooopid!! and then post it somwhere…??

  4. islandmom says:

    This “model” is clearly an ugly person to have made fun of someone who is likely a wife, a mother and a grandmother who should expect privacy in the dressing area of a private gym. Even if she only meant to send the photo to one friend, what kind of horrible person thinks that is an explanation?

  5. justmyview371 says:

    An apology after the fact is WORTHLESS.

  6. Cellodad says:

    Probably the best justice will be that this 29 year old will someday be 70. (sooner than she thinks) When that day comes, I hope she has the motivation to go to a fitness center and I hope she pauses to look in the mirror.

  7. TigerEye says:

    She knows it’s wrong. She says that isn’t who she is.

    OK, I’ll bite: so, who did it and why?

  8. HIE says:

    When you have a presidential candidate like Trump, who openly mocks a disabled person, you can’t be surprised as a society that this kind of thing happens.

  9. bumbye says:

    “That was absolutely wrong and not what I meant to do,” she said. “I know that body shaming is wrong. That is not the type of person I am.”

    She should have said, “I was impulsive and I didn’t think of the consequences, including the pain I would cause this woman. I am deeply sorry for what I have done and I hope one day the woman can forgive me and my impulsiveness and stupidity.”

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