Arizona's Supreme Court has upheld a ruling that might make baby diaper changing a potential criminal offense. The move comes as the judges handed out its decision in a child sexual abuse case but it has only given rise to concerns, which could affect any parent, babysitter or caregiver of children.
The Arizona court's decision, which was handed down on Sept. 13, stated that any contact between a baby's genitals and an adult could be seen as a criminal act. According to Slate, the ruling wasn't specific about the "touch" being sexual in nature, thus even an innocent routine such as changing a baby's diaper could land a person in jail. It further stated that because the law is vague, it could be interpreted literally to mean that any parent or child caregiver, or even a pediatrician, could become a sex offender.
Lawyer Bill Montgomery of the Maricopa County, however, stated the ruling did imply "sexual contact" and "sexual abuse" in its title and there are sections 13-1410 and 13-1404 in the law to support it. Good lawyers also give child molestation cases a good amount of checks and vetting before filing the cases.
"If a defendant is going to bring that up in trial, and we don't have any evidence to show that there was sexual motivation," said Montgomery, via 12 News. "Then juries are not going to convict, grand jurors are not going to indict."
Legal analyst Monica Lindstrom also compounds on Montgomery's points saying, "No sane, reasonable prosecutor is going to bring a case against parents or a guardian for changing their baby's diaper of helping them change their swimsuit," per Fox 10 Phoenix. However, Lindstrom also recognizes that the law could be open to abuse by prosecutors, albeit with remote possibility.
Arizona's Supreme Court judges was hearing an appeal of a man who was charged with sexually abusing his step daughter. The original ruling was upheld in the State vs. Holle case.
