“A Scott County man who claimed he had a foot fetish failed to persuade the Iowa Supreme Court to dismiss stalking and harassment convictions against him for attempting to photograph a woman’s feet. Herbert Evans asked a local woman if he could photograph her, according to court records. The woman declined and — after several other approaches by Evans — called police. In upholding the charges Thursday, the court ruled: ‘We think a reasonable jury could find, at the very least, Evans intended to alarm” the woman “when he showed up at her front door.’” — Des Moines Register (US)

This is a very perplexing case. Perhaps the newspaper doesn’t provide enough detail. But still, try to get your mind inside this. A man accused of stalking a woman tries to defend himself by claiming he had a foot fetish… Hunh?

It could be that he was trying to portray himself as a victim. Perhaps he was claiming that his foot fetish was a sickness, even a mental illness, and therefore he shouldn’t be held responsible for his actions. But if this were the case, it wouldn’t be enough to dismiss the charges. Rather, it would require the court to sentence him on the charges, but then send him for psychiatric treatment rather than send him to jail.

Consequently, since the man was seeking an outright dismissal, it forces you to conclude that he thought he could convince the court that what he was doing was not “stalking,” in the narrowest legal sense, but rather obeying the impulsions of a foot fetish. Come again? Any impartial mind would see that, far from a foot fetish excusing the stalking, it would really provide the motive for it! In other words, the defense only reconfirmed what the prosecution no doubt argued was probable cause. If you are truly obsessed with feet, after all, it certainly could drive you to stalk pretty ladies with your camera.

In any event, it certainly seems like a bone-headed legal strategy. The poor perp must have had a public defender, because his defense stinks of the “you get what you pay for” principle. And when you don’t pay for your lawyer, apparently you don’t get those fancy evasive maneuvers that allow some of the better-endowed criminals in society to remain on the loose.

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