The topless snaps were obviously taken without Kate Middleton's permission or awareness, meaning that the prosecution will have a solid case.
Topless Kate photos have landed a French magazine publisher in a world of trouble. Kate as in Kate Middleton. As in the Dutchess of Cambridge. You can see how it’s not an ideal situation for anyone involved. The shots of the Duchess sunbathing on holiday in southern France and taking her bikini top off first made their way to the pages of the celebrity magazine last September, Reuters reports. Apparently the paparazzo snuck up on the royal couple during a private moment.
Since then, there has been a massive public outcry and of course, considerable backlash from the royal family against the blatant invasion of privacy. Not only have the publisher - the French branch of Italy's Mondadori - and the paparazzi who snapped the photos come under fire for them, they are also now the targets of a formal investigation, which can and probably lead to charges for everyone, who participated in the creation and publication of the photos.
Buckingham Palace has labeled the tabloid’s actions as a a "grotesque" invasion of the royal couple's privacy. Now it appears that both sides – the magazine publishers and the royals are in damage control mode. All that’s left is to see whether the publisher will be officially charged and tried for the violation.
Despite the Duchess's near flawless public image, the pap managed to catch her off guard.