Tuesday, October 14, 2008

15 Year Old Arrested For Taking Nude Photos Of Herself.

image An unidentified 15 year old used her cell phone to take nude photos of herself. She then proceed to distribute them to a few of her friends.  Well this young girl has learned that "good girls" don't participate in exhibitionism.  She has been arrested and charged with: illegal use of a minor in nudity-oriented material, a second degree felony; and possession of criminal tools, a fifth degree felony.

It is up to the judge whether or not the girl is charged as a sex offender.  If it is decided that she is indeed a sex offender she will have to register as such for the next twenty years.

How is it possible to commit a sexual offence against yourself?  This is nothing more than slut shaming and social discipline.  This is her body and she made an independent decision to display it.   In a world where girls are pledging their virginity to their fathers and people are attempting to have birth control outlawed, can it really come as a surprise that it is now illegal to take nude photos of yourself?

Patriarchy will not be happy until women have returned en masse to the household; serving all the needs and desires of men.  Slut shaming, physical violence, murder and rape are the tactics of the never ending war against women that is taking place.  Disciplining our sexuality is a way of controlling our bodies and removing agency and free will from women. We cannot afford to look at these incidences as individual occurrences because nothing happens outside of social construction. Should she be found guilty of exploiting and abusing herself, it will reinforce the idea that our bodies do not truly belong to us. 

Using this as a slut shaming tactic further diminishes the children that are actually subject to sexual abuse by predators.  How can taking a picture of yourself equate to being raped or forced to perform sexual acts?  The global assault against children should never be reduced in this way.  It makes a mockery of their pain and suffering.



lyndorr said...

Wait...she is young enough that people seeing pictures of her is a crime (child pornography was mentioned in the article) but old enough that they want her registered as a sex offender? Aren't there different laws for convicting youth? And yeah, how can you commit a sexual crime against yourself? Hopefully the judge will see the craziness of this.

randombabble.com said...

This story made my head hurt something fierce.

Poor judgement? You betcha. But criminal? I don't think so.

I suppose I could see if she were selling it to adults...but even then I think it is a stretch...

lyndorr is right, though. They can't have it both ways. Either she is a child or she isn't.

Danyell said...

Those laws are clearly in place to protect minors from adult predators. Not from their own poor judgment. I think what she did is completely stupid, but her own future personal experience will be more than enough "punishment". There's no reason for the law to play mommy & daddy to this kid.

Scott said...

Had these photos been stored on her Father's computer and emailed from same, is it not reasonable to think the Father would be looked at as a sick and depraved individual today?

I agree that she should not be forced to register as a sex offender, but there needs to be some mechanism in place to protect people from being setup. This case clearly shows how easily it can be done.

space said...

Statutory rape and child porn laws are meant to protect youths from exploitation by adults. But this seems more similar to the situation of youths of about the same age, both young enough that an adult could not legally have sex with them, having sex with each other, and that usually isn't criminalized.

Kelley said...

There's no way that she can be prosecuted. One who falls into a protected class, i.e., a minor, cannot be punished under the very statute created to protect that class of persons. It's a basic tenet of criminal law. I'm surprised the prosecutor was stupid enough to go forward with this. Too bad blatant stupidity isn't a reason to lose one's law license.

Anonymous said...

This is funny (as in strange coincidence, not HA-HA funny) because I read another similar story recently where an underaged girl sent naked pictures of herself to boys of her own age and the police arrested one of the boys for possession of child pornography. See http://www.khou.com/news/state/stories/khou081008_ar_porntext.f31234e3.html . It's clear that authorities don't know how to deal with that situation as with the same situation, they sometimes arrest the sender and sometimes the receiver, both of whom actually violate the letter of the law, the first for making and distributing child pornography and the second for possession of it. Unfortunately, with the increasing popularity and accessibility of digital cameras and the increased sexualization of teenagers, I think cases such as this will grow more and more common. The laws are evidently not adapted to that situation, the laws were made with the (naive) idea that teenagers would never, ever, take and distribute explicit images of themselves and that only exploitative adults or older teens would force them to do that. Reality is a complex beast and these laws have to be adapted quickly to an evolving world.

Daisy said...

UNBELIEVABLE!!!! How indeed, can one commit a sexual offense against oneself?

I hope she lawyers up and sues their asses off.

Alexa said...

@Scott, to protect people from being setup. This case clearly shows how easily it can be done.

What in the widest world in this story has led you to believe she was "set up?" The story says nothing remotely suggesting that. She took the photos voluntarily and sent them to some people.

I agree that it isn't possible to commit a "sexual offense" against yourself, but I believe the prosecutor believes the distribution of the photos was a "sexual offense."

I am curious as to why they're even considering charging those who received the photos. How in the hell could they control what they recieved?

There is a plenty of idiocy in this to be sure. This is something we'll be seeing more of, given the nature of the technology and its widespread use by kids in their pre-teens even. Certainly classifying them as criminals of any type is asinine.