A judge ruled on Monday against Dani Mathers in Los Angeles Superior Court in her bid to toss a misdemeanour count of invasion of privacy.
LOS ANGELES- A Playboy bunny who posted insulting comments along with a photo of a naked, 71-year-old woman in a locker room lost her effort to dismiss her criminal case.
"It was absolutely wrong and not what I meant to do", she said. Mathers' lawyer Dana Cole argued that the elderly woman in Mathers' photo was not identifiable and that it took the police hours to figure out who she was.
Mathers now plans to testify in her own defense.
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Mathers was slammed on social media so badly for the act that she wound up deleting her popular accounts. In that motion, Mathers' attorney argued that the person in the photo is too far away to be recognizable "and the victim, her features can not be identified".
Mathers has slowly been reestablishing her presence on social media and made the biggest leap by hopping back on Instagram, the bread and butter platform for models, last week.
Mathers faces a possible six months in prison and a $1K fine if found guilty.
The model was widely accused of body-shaming online at the time and is now set to be tried for invading the 70 year-old woman's privacy, according to Jezebel.
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He said: "Until the final minute we can not think about anything". We still have the most hard yet to do - two games to play.
California law dictates that it's illegal to photograph or film an "identifiable person" in a changing room, a tanning booth or in their home without consent.
"I know body-shaming is wrong and I know that that's not what I'm about, that's not the type of person that I am".
Attorney Dana Cole said the victim can not be easily identified because the photo was shot from far away.
Los Angeles City Attorney Mike Feuer said that body-shaming '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".
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