Jacob was acquitted on December 9, 1996, by the Ontario Court of Appeal on the basis that the act of being topless is not in itself a sexual act or indecent. The court held that "there was nothing degrading or dehumanizing in what the appellant did. The scope of her activity was limited and was entirely non-commercial. No one who was offended was forced to continue looking at her," and "the community standard of tolerance when all of the relevant circumstances are taken into account" was not exceeded. Although Jacob claimed she had a constitutional right, the court did not address this.
