A man charged with secretly videotaping women at Castleton Mall is a free man and it's all because of what legal experts are calling a loophole in the law.
David Delagrange, 40, is accused of using a video camera strapped to his shoe to record video under the dresses of at least ten women.
Now all ten charges of voyeurism filed against him have been dismissed because of what legal experts are calling a loophole in the law.
"In Indiana it does require the uncovered genitals and in this case there's no allegation and no evidence that there were uncovered genitals. It's that one word that makes the difference in this particular case," said legal expert Todd Woodmansee.
In other words, because these girls were wearing underwear, the state doesn't have a case against Delagrange.
"Unfortunately, from a criminal perspective, there is currently no recourse in the state of Indiana," Woodmansee added.
Delagrange is accused of recording "up skirt" video from ten women, four of them minors.
Shoppers at the Castleton Square Mall expressed disbelief over the dropped charges.
"If anybody did that to me I would be mortified. I can't even believe Indiana has a law like that it's absolutely insane," said Trisha Hornsby of Indianapolis.
"You're not agreeing 'yes you can do this.' You're not aware. I don't think anyone lets anyone up their skirt without consent. That's the law," said Kristin Brockman.
Todd Woodmansee believes it's time to change the law.
"It certainly sends a message that the law needs to be changed and I think that is something you will see pressing very hard, not just from the prosecutors in Marion County, but also the prosecutors across state of Indiana."
A Senate bill creating a new misdemeanor called invasion of privacy by photography was drafted earlier this year. It died without a committee hearing.
