Daycare.com Forum Daycare Management Software

Go Back   Daycare.com Forum > Main Category > Daycare Center and Family Home Forum

Daycare Center and Family Home Forum Daycare Center and Family Home owners, Directors, Operators and Assistants should post and ask questions here.

Reply
 
Thread Tools Display Modes
  #1  
Old 09-16-2016, 03:05 PM
Pestle's Avatar
Pestle Pestle is online now
Daycare.com Member
 
Join Date: May 2016
Location: Tennessee
Posts: 1,668
Default Arizona Ruling On Genital Contact

Well, this is . . . possibly alarming?

Original ruling here

Commentary from Slate here


The Arizona Supreme Court issued a stunning and horrifying decision on Tuesday, interpreting a state law to criminalize any contact between an adult and a child’s genitals. According to the court, the law’s sweep encompasses wholly innocent conduct, such as changing a diaper or bathing a baby. As the stinging dissent notes, “parents and other caregivers” in the state are now considered to be “child molesters or sex abusers under Arizona law.” Those convicted under the statute may be imprisoned for five years.

How did this happen? A combination of bad legislating and terrible judging. Start with the legislature, which passed laws forbidding any person from “intentionally or knowingly … touching … any part of the genitals, anus or female breast” of a child “under fifteen years of age.” Notice something odd about that? Although the laws call such contact “child molestation” or “sexual abuse,” the statutes themselves do not require the “touching” to be sexual in nature. (No other state’s law excludes this element of improper sexual intent.) Indeed, read literally, the statutes would seem to prohibit parents from changing their child’s diaper. And the measures forbid both “direct and indirect touching,” meaning parents cannot even bathe their child without becoming sexual abusers under the law.
Reply With Quote
  #2  
Old 09-16-2016, 03:19 PM
Baby Beluga's Avatar
Baby Beluga Baby Beluga is offline
Daycare.com Member
 
Join Date: Aug 2014
Location: USA
Posts: 3,900
Default

This just makes no sense to me
Reply With Quote
  #3  
Old 09-16-2016, 03:26 PM
grandmom's Avatar
grandmom grandmom is online now
Daycare.com Member
 
Join Date: Mar 2010
Posts: 757
Default

wow. Just WOW.
Reply With Quote
  #4  
Old 09-16-2016, 03:27 PM
spedmommy4's Avatar
spedmommy4 spedmommy4 is offline
Daycare.com Member
 
Join Date: Mar 2015
Location: Northern Oregon
Posts: 933
Default

Hmmm ... wouldn't it be child neglect if you didn't? What's the work around for that? Under this law, you go to jail no matter what you do.
Reply With Quote
  #5  
Old 09-16-2016, 03:29 PM
Pestle's Avatar
Pestle Pestle is online now
Daycare.com Member
 
Join Date: May 2016
Location: Tennessee
Posts: 1,668
Default

Quote:
Originally Posted by spedmommy4 View Post
Hmmm ... wouldn't it be child neglect if you didn't? What's the work around for that? Under this law, you go to jail no matter what you do.
I guess you just affix the child over a barrel and let everything run into it. You can't hose them down, either; "indirect" contact is also off-limits.

Wonder if it's one of those laws that the lawmakers claim will only ever be enforced when it's real BAD GUYS breaking it. Like when Virginia criminalized all "backdoor" sex but Ken Cuccinelli pinky-promised it wouldn't be used against straight married couples.

Good grief.
Reply With Quote
  #6  
Old 09-16-2016, 04:32 PM
Mike's Avatar
Mike Mike is offline
starting daycare someday
 
Join Date: Jan 2014
Location: Canada
Posts: 2,518
Default

Quote:
Originally Posted by spedmommy4 View Post
Hmmm ... wouldn't it be child neglect if you didn't? What's the work around for that? Under this law, you go to jail no matter what you do.
Maybe they don't want anyone having any more babies.
__________________
Children are little angels, even when they are little devils.
They are also our future.
Reply With Quote
  #7  
Old 09-18-2016, 11:21 AM
Unregistered
Guest
 
Posts: n/a
Default This new "law" breaks the 14th Amendment

Although prosecutors are stating that people just changing their kids diapers won't be held criminally liable, that's not how our justice system works. The law isn't supposed to be left open for interpretation AFTER it's passed.

The Constitution, as part of the Due Process clause of the 14th Amendment, does not allow for the passage of laws that will be defined later - people must be aware what the law prohibits so that they can be held accountable when they choose to break it.

Stern also notes that such a change completely reverses roles inside the courtroom, forcing the defendant to prove his innocence rather than the state to prove guilt, and effectively erasing the "innocent until proven guilty" principle upon which the American justice system was built.
Reply With Quote
  #8  
Old 09-19-2016, 07:16 PM
Ariana's Avatar
Ariana Ariana is offline
Advanced Daycare.com Member
 
Join Date: Jun 2011
Posts: 8,960
Default

So many laws they SHOULD be passing like longer sentencing laws for actual offenders but nope lets make laws that make people who change diapers sex offenders
Reply With Quote
Reply

Tags
bathing issues, inappropriate touching, laws

Thread Tools
Display Modes

Posting Rules
You may post new threads
You may 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 Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
No Contact With Parent Who Is Picking Child Up... thatdivalady Daycare Center and Family Home Forum 7 06-15-2012 08:22 AM
Do You Contact Past Providers after Interviews? SunflowerMama Daycare Center and Family Home Forum 17 05-02-2010 04:20 AM


All times are GMT -7. The time now is 08:43 AM.



Daycare.com         Find A Daycare         List Your Daycare         Toys & Products                 About Us

Daycare.com
Please read our Disclaimer before continuing.

Topics pertain mainly to the following States:

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming