Tuesday, December 10, 2019


Stepmother Accused Of Topless To Face Sex Offending Charges

A Utah woman may face sex offending case as she allegedly violated part of state law. Her stepchildren saw her…

By Sumita Ray , in US News , at November 22, 2019 Tags: , ,

A Utah woman may face sex offending case as she allegedly violated part of state law. Her stepchildren saw her topless in her home which against a state law that forbids women from showing their breasts in a private place under certain circumstances. 

The attorneys of the woman named Tilli Buchanan argued that the states lewdness statute is unconstitutional because it bans women showing their chests but does not do the same for men. 

A ruling from the U.S. Court of Appeals for the 10th Circuit was referred by her lawyers in which jurisdiction over Utah implemented a topless ban in February in Colorado because it treated the two sexes differently.

Leah Farrell, an attorney at the American Civil Liberties Union of Utah, told The Washington Post, “It’s problematic to bring in all the consequences of criminality simply based on our feelings about how a woman should be and how a man should be.”

The specifics of the case was rejected to discuss by West Valley City’s chief prosecutor Ryan Robinson. According to the Salt Lake Tribune, the law can treat women’s chests distinctly as American society considers women’s breasts to be sexual, said prosecutors in court hearings and filings. 

State law says a woman’s breasts may not be exposed in private “under circumstances the person should know will likely cause affront or alarm,” or to arouse the woman or a child.

She has been charged with three counts of lewdness involving a child that is punishable in Utah by up to 364 days in prison and a maximum fine of $ 2,500. Buchanan may have to register as a sex offender for 10 years if convicted. 

Paul Cassell, a criminal law professor at the University of Utah and a former federal judge, said that “What we have is what the lawyers refer to as a split in the circuits right now, so this does seem like an issue that’s destined to go to the U.S. Supreme Court.”

The 27-year-old Buchanan and her husband were putting up drywall in their garage when they became dusty and hot, stated Farrel. Farrell said they both came inside the house and took off their outer clothing and Buchanan also removed her bra. Then her three stepchildren walked in.

After a hearing on Tuesday on the challenge to the law’s constitutionality, Buchanan told the Associated Press, “It was in the privacy of my own home. My husband was right next to me in the same exact manner that I was, and he’s not being prosecuted.”