snopes.com  

Go Back   snopes.com > SLC Central > Moot Court

Reply
 
Thread Tools Display Modes
  #1  
Old 16 September 2016, 05:22 PM
TallGeekyGirl's Avatar
TallGeekyGirl TallGeekyGirl is offline
 
Join Date: 31 December 2005
Location: Virginia
Posts: 12,253
Default Arizona legal definition of child molestation could apply to diaper changes, baths

Quote:
Parents and other caregivers who have changed an infant’s soiled diaper or bathed a toddler will be surprised to learn that they have committed a class 2 or 3 felony. They also will likely find little solace from the majority’s conclusion that although they are child molesters or sex abusers under Arizona law, they are afforded an “affirmative defense” if they can prove by a preponderance of the evidence that their touching “was not motivated by a sexual interest.” Such a defense, as the majority notes, does not mean that a crime has not occurred, but instead that the miscreant may avoid “culpability” by persuading the factfinder that the “criminal conduct” should be excused.
http://mimesislaw.com/fault-lines/pr...ike-that/12818
Reply With Quote
  #2  
Old 16 September 2016, 06:45 PM
Richard W's Avatar
Richard W Richard W is offline
 
Join Date: 19 February 2000
Location: High Wycombe, UK
Posts: 26,300
Default

That's not "could apply," it's does apply... The opinion expressed seems to be saying "... but don't worry, of course nobody would ever be prosecuted for that," not "Don't be silly, it doesn't apply to that"...

It also clearly outlaws pediatrics, unless there's an exemption in there.
Reply With Quote
  #3  
Old 17 September 2016, 06:13 PM
Esprise Me's Avatar
Esprise Me Esprise Me is offline
 
Join Date: 02 October 2005
Location: Los Angeles, CA
Posts: 6,857
Default

I have family in rural-ish Arizona. Their insane government really is a reflection of the population. #NotallArizonans, but...
Reply With Quote
  #4  
Old 17 September 2016, 08:57 PM
erwins's Avatar
erwins erwins is offline
 
Join Date: 04 April 2006
Location: Portland, OR
Posts: 12,196
Default

Some parents probably need to challenge it in federal court.
Reply With Quote
  #5  
Old 17 September 2016, 09:24 PM
ASL's Avatar
ASL ASL is offline
 
Join Date: 04 July 2003
Location: Norfolk, VA
Posts: 5,690
Default

Can it be challenged without first having standing, like through being arrested or losing custody of a child because of the law? If so, fear this won't make it to the SCOTUS until an actual child molester challenges their conviction. This Holle character, for instance.

Last edited by ASL; 17 September 2016 at 09:31 PM.
Reply With Quote
  #6  
Old 18 September 2016, 12:31 AM
A Turtle Named Mack's Avatar
A Turtle Named Mack A Turtle Named Mack is offline
 
Join Date: 21 June 2007
Location: Marietta, GA
Posts: 21,451
Default

We aren't given the details alleged/proven in the Holle case, so it is hard to say if s/he has a good test case. Arguably any defendant against whom no proof of motive was given could argue that a critical element of the case was not proven, and that due process does not allow a redefinition excluding the motive. This has been held in other occasions of attempts to avoid the motive requirement. The better test case would be if the motivation is either clearly or arguably lacking. Of course, it really is unlikely that the baby-bath or diaper-change circumstance will arise, unless it is by some sort of relative stranger, like a guy at a daycare or school (almost certainly a woman would not be charged unless there is otherwise unexplainable injury), or an uncle/other relative who seems to take too much time cleaning the child. I have trouble imagining other circumstances where a person would have genital/anal contact with a child where the motive could not be adequately inferred from the conduct - and the problem with those cases as test cases is that courts try to avoid invalidating statutes, and can easily say that the defendant's rights were not violated as the evidence of the conduct adequately proved the motive. For instance, if a person was penetrating a child's vagina or anus, particularly with his penis, no further proof of the motive would generally be needed, even under more tightly defined law; such a defendant could not rightly be said to have had his rights deprived by a lack of a need to prove motive.
Reply With Quote
  #7  
Old 18 September 2016, 01:08 AM
erwins's Avatar
erwins erwins is offline
 
Join Date: 04 April 2006
Location: Portland, OR
Posts: 12,196
Default

The Holle case may be the one via the US Supreme Court. That would be a challenge more directed at the due process issue of making otherwise "innocent" conduct into a crime and then requiring a defendant to prove that it was not done with a criminal motive. It's possible that they would take it, but there could be a line drawing issue there. Normally, in our system, we kind of count on legislatures not to make laws like this. Generally speaking, legislatures get to decide what is or isn't innocent conduct, by definition.

I was thinking that the more effective challenge might be for parents to try taking it on as overbroad, and infringing on parental rights. It literally prohibits properly caring for one's child. (As explained in the article, an affirmative defense means you can be arrested and go to trial, and only then have the chance to prove the defense.)
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
'7th Heaven' Dad Stephen Collins - Confesses on Tape to Child Molestation TallGeekyGirl Police Blotter 5 17 December 2014 08:38 PM
Mother, 53, Arrested For Battering Daughter, 25, With Used Diaper A Turtle Named Mack Police Blotter 0 28 February 2014 06:41 PM
Definition of insanity snopes Questionable Quotes 27 22 November 2012 10:18 AM
Ionic foot baths have Achilles' heel snopes Medical 0 19 January 2010 06:32 AM
US Customs expanding definition of 'switchblade' snopes Inboxer Rebellion 33 24 June 2009 06:12 AM


All times are GMT. The time now is 10:16 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2018, vBulletin Solutions, Inc.