Jackson - my interpretation of what you are objecting to is that it is a bit like a voyeur looking over a wall into the window of a school changing room. As long as he keeps his eyes shut then what's the problem ?
Sure you can argue that he might open his eyes for a crafty peek, but if you apply that then everyone who walks past the wall would also be guilty, just in case they jumped up and peered over the wall.... am I losing the plot here ?