Mother Arrested for Breastfeeding Photos

mother-breastfeeding.jpg

A woman who took photos of herself breastfeeding her infant son was arrested together with her partner on child pornography charges; courts quickly ordered their children taken from them and they faced a 20 year sentence.

The couple, Peruvian immigrants to the USA who took up residence in Texas, took a variety of pictures of their two sons, aged 1 and 4, in various states of undress.

The picture which would become their undoing showed the 33-year-old lady breastfeeding her 1-year-old son; when she had these and other family photos developed, store employees decided to report their unnatural and immodest breastfeeding to the authorities, and soon police were building a case against them for child pornography.

Police decided the family snaps were definitely evidence of depraved perversion: “I viewed the photographs and had concern of possible sexual abuse, inappropriate sexual behavior and possible child pornography from nine.”

There is concern that police interpretations were overly strained; where the lady was posing with her arm covering her breasts, she is described as “topless and touching her breast.”

Police also mention their son “touching his genital area,” which the couple readily demonstrated was due to a rash, for which medication had been prescribed.

The stilted legalese of the court indictment for “sexual performance of a child” characterised the actual breastfeeding as sexual deviancy:

“To wit; actual lewd exhibition of… a portion of the female breast below the top of the areola, and the said defendant did and then employ, authorize and induce a child younger than 18 years of age, to engage in said sexual conduct and sexual performance.”

Police then arrested them and raided their home, but found no other incriminating evidence.

Undeterred, authorities recommended the couple’s children be placed into care, which was done, and the couple were then released on bond pending trial, with a possible 20 year prison sentence looming over their heads.

lucca-madonna.jpg

A key element of the couple’s defence was artistic precedent – even in Texas it should be possible to find art galleries displaying similar scenes, often of Mary nursing an infant Jesus, with the depictions lauded as celebrations of womanhood and maternity, to say nothing of artistic skill.

The couple was supported vigorously by their church and the large local Peruvian community, who patiently, if pointlessly, explained that breastfeeding is considered a normal human activity in Peru, as is the naked frolicking of small children.

The couple’s defence was scathing of the charges:

“Their theory, which is supported by nothing, is that these pictures were taken to satisfy the boyfriend’s sexual desires. These aren’t pictures that were peddled on the open market. This wasn’t on someone’s Web site. This is just a mother who took a roll of film and left it off at Eckerd’s. The state used them to arrest her, indict her for a felony and take away her kids.”

With the weakness of the case apparent to the state prosecutors, the District Attorney intervened and ordered the criminal charges dropped, but insisted their children remain in care, with the parents being forced to attend parenting classes and take lie detectors in order to regain custody of them.

Police and courts refuse to admit any errors and insist that they acted appropriately in trying to defend infants from their wicked breastfeeding mothers; indeed, police are apparently disappointed they could not get them jailed: “We thought they contained sexuality, if you saw the photos, you’d know what I mean,” said one open-minded officer.

Even the presiding judge’s staff refused to admit there was a problem with the charges, only unhappily noting that the case was “weak”:

“I looked at those pictures and there were some quirky things to them, and I can see where the grand jury had probable cause. But a woman has her breast exposed, and her child is there. I’m not sure that is a prosecutable offense.”

The charges were quietly dropped after state prosecutors decided they had no chance of winning, and the couple eventually regained custody of one of their children (the other staying with his biological father from a previous marriage).

Via Citizens for Change.

Interestingly, one of the objections raised in Japan against the recent efforts to more thoroughly ban such photos is the fear that laws would be used by law enforcement to pursue people for taking innocent photos of their children; fears which seem far from unfounded…


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    284 Comments
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    Comment by Arcane Azmadi
    00:04 21/07/2009 # ! Neutral (0)

    It's Texas. Why does the fucking stupidity no longer surprise me? Seriously, if they coloured a map of the world with regional intelligence represented on the colour spectrum, Texas would be a black hole.

    Comment by Anonymous
    12:28 04/08/2009 # ! Neutral (0)

    OKAY
    This is getting fucking stupid.
    Just because you are forced to live in a fucking region where stupid people roam, DOES NOT in fact make you stupid.
    There's plenty of fucking bright people that live in Texas.
    And when they move off, they don't affiliate themselves with Texas cause Texas has such a shitty reputation.
    I'm so fucking glad people can actually think with their asses now-a-days.
    It really just brightens my fucking day.

    Comment by reynaldo
    02:13 21/07/2009 # ! Neutral (0)

    hi everyone.

    i am peruvian, i think texans are monsters, brestfeeding a baby with naked noobs is something natural, beautiful.

    they are separating babys from their parents, they are the monsters, how i hate them.

    Comment by Anonymous
    06:57 21/07/2009 # ! Neutral (0)

    I'm Peruvian too but not a drama queen, it's been 6 years, let it go.

    Comment by Anonymous
    02:17 21/07/2009 # ! Neutral (0)

    Why don't people understand that breastfeeding is WRONG?!

    Comment by Nimas
    23:49 20/07/2009 # ! Neutral (0)

    society is so sick and deprived that we see sex or a sexual connotation in just about anything, if we ask any psycologist, they will tell us that babies masturbate, thus sex or sexual sitmulation is present even at such a young age, its very sad the amount of ignorance and the clasification that sex is evil we see in our society.

    Comment by Anonymous
    16:42 29/07/2009 # ! Neutral (0)

    blame the Puritans that founded this country :/

    Comment by Yarrdiharrharr
    22:42 20/07/2009 # ! Neutral (0)

    Hahaha. WTF mate?
    Texans should be locked up for stupidity. Texans need to stop going to church (hahaha, we all know they don't follow the idiotic morals of christianity anyways unless they have something to gain from it), watching football and try to start thinking for themselves. I don't know. Maby it's a lost cause by now. Inbreeding and all that.

    Comment by Anonymous
    03:12 21/07/2009 # ! Neutral (0)

    What retard goes to Texas as an immigrant?

    Comment by MusicalNote
    05:20 21/07/2009 # ! Neutral (0)

    Foreigners may not know the reputation the state has for bullshit laws and law officials.

    Comment by YesindeedyBob
    05:53 21/07/2009 # ! Neutral (0)

    Only in America, and one of the 'backward' states. I'm glad I'm not so closed-minded. There is nothing wrong with the human body. It's a shame that in our modern world, such things are seen as perverse. These people better learn the meaning of the word, as the law against it and those making a big deal of it are the perverse ones.

    Comment by MusicalNote
    05:18 21/07/2009 # ! Neutral (0)

    This makes me want to strangle someone, then beat some sense into with a blunt object. There is nothing sexual about breastfeeding a child! While I'll admit that breastfeeding over a certain age is... creepy, it's not inherently sexual and the people that thought that it was need a smack to the back of the head. This is a case of people seeing what they want to instead of the truth. Disgusting

    Comment by Anonymous
    04:25 21/07/2009 # ! Neutral (0)

    this is so retarded I almost had a brain aneurysm
    I'm surprised she didn't get charged with having an incestual relationship with her son

    Comment by Hamster
    05:06 21/07/2009 # ! Neutral (0)

    Develop your photos bu yourself instead. Cheaper and less likely to attract "Attention"

    Comment by Webbmaster62
    19:12 20/07/2009 # ! Neutral (0)

    Sigh...I have to live in Texas.... Of course Funimation is here too. lol

    Avatar of ordoshaman
    Comment by The Envoy
    19:35 20/07/2009 # ! Neutral (0)

    Sheriff catches Wild Wild Breast in the Wild Wild West.

    Avatar of snakeofoctober
    Comment by smooches
    18:12 20/07/2009 # ! Neutral (0)

    You are a fucking idiot. One police department and district attorneys office does something stupid and you condemn an entire state. A state that covers more area than all other states but one and has a more diverse population than almost all others. This took place in Richardson population 101,589, compared to Texas pop. 24,326,974. Way to judge an entire population based on less than .4 percent of said population. Apparently the state isn't as crazy as you make it seem, as the charges were dropped. In addition, CPS issued an apology to the family. CPS, it should be pointed out, is governed by the federal government. To top it off this is old news, since Eckerds ceased to exist and became Rite Aid some time ago.

    Comment by Anonymous
    17:51 20/07/2009 # ! Neutral (0)

    Ugh, this is why I'm so leaving this country.
    I just can't stand how retarded the establishment is.
    *rant rant rant*

    Avatar of arokan
    Comment by Arokan
    18:16 20/07/2009 # ! Neutral (0)

    Well, well, well.
    Did we really expect anything else?
    This is a world of false fears and prejaduce, with small minded authorities imagining abuse everywhere they look; a true 1984 if you will.

    GFTO of our earth you pig-headed, stupid governmental lapdogs, we don't want you :)

    Comment by Anonymous
    18:19 20/07/2009 # ! Neutral (0)

    This is seriously fucked up. It's a mother breastfeeding her children. Humans have done this for hundreds of thousands of years. How is this any form of child pron?

    Avatar of brek_kreb
    Comment by black87
    20:30 20/07/2009 # ! Neutral (0)

    This is seriously fucked up

    Comment by hauntedskin
    21:44 20/07/2009 # ! Neutral (0)

    Has anyone seen those Abercrombie & Fitch ads?? Those photos, which are seen by general public, are far more suggestively explicit than these breast feeding pics. Leave it to a culture, especially in Texas, where walking around with a gun is considered the norm but having "private" breast feeding photos (of your own children) in your home a crime...

    Comment by Anony
    22:19 20/07/2009 # ! Neutral (0)

    Didn't they get sued for that?

    Avatar of John Beak
    Comment by John Beak
    21:44 20/07/2009 # ! Neutral (0)

    Welcome to the land of freedom...

    Comment by Anonymous
    21:59 20/07/2009 # ! Neutral (0)

    its texas
    go figure

    Avatar of tingle
    Comment by tingle
    21:38 20/07/2009 # ! Neutral (0)

    Just because I get turned on by it doesn't make it porn

    Comment by dood
    20:40 20/07/2009 # ! Neutral (0)

    That is why I use a digital camera.

    Comment by bolt
    09:46 21/07/2009 # ! Neutral (0)

    this kind of BS happens world wide.. so fu#$ texas or america isn't the right coment.

    just another case of someone inflicting there own moral values over another... "i think this is bad, and i have a badge, even though, they didn't break the law, lets arrest them"
    THe damn parents should sue for wrongful imprisonment, they'll win.

    breastfeeding is one of those gray areas in teh US, most states have laws that says breastfeading in public and what not is fine, though some states still push the issue. the whole world is fuc$ed this is just another page in the book.

    Comment by Anonymous
    10:51 21/07/2009 # ! Neutral (0)

    I'm pretty sure America is the only country where a mother could get arrested for breastfeeding her child. Most other countries have common sense when dealing with things like that.

    Comment by Anonymous
    11:39 21/07/2009 # ! Neutral (0)

    Outside of the Middle East, you are quite right. Heck, even in EGYPT, it is seen as perfectly normal to do that out in public.

    Comment by bob
    12:00 21/07/2009 # ! Neutral (0)

    the difference is that they made a sexual act out of it! stupid...

    Comment by Anonymous
    14:57 21/07/2009 # ! Neutral (0)

    bob, they *didn't* make a sexual act out of it. That's the point. The only sexual interpretation in the entire case is in the dirty minds of the police and prosecution involved.

    Learn to read more. Tell me, are you Texan?

    Comment by Anonymous
    04:21 08/10/2009 # ! Neutral (0)

    http://beam.to/chatx

    Comment by Anonymous
    14:03 23/10/2009 # ! Neutral (0)

    this is stupid

    Comment by Anonymous
    17:47 25/10/2009 # ! Neutral (0)

    In other words. Porn is legal even in broad daylight, but breastfeeding or being naked in your own home is illegal?
    They need to be nuked.

    Comment by Anonymous
    00:01 28/10/2009 # ! Neutral (0)

    What the hell is wrong with my fuckin country.....this is just....insane whats next....they take away my psp because I took a pic of me playing it....Oh wait I know my mother gets charged with child pornography because I'm walking around my house in my boxers.

    Comment by Anonymous
    04:22 25/09/2009 # ! Neutral (0)

    slightly off topic i know, but the area where i live in UK, the police busted a house for drugs, frightening the shit out of a young mum and her 2 little kids, then the cops found out they had the right house number, but the WRONG STREET !
    dumbf**k british cops

    Avatar of Fonzer
    Comment by Fonzer
    04:27 25/09/2009 # ! Neutral (0)

    hahaha,police shouldn't make mistakes like that XD.

    It would never happen to me.Since i needed to know such things when going around in a new city.
    Have pretty good orientation.

    Comment by Anonymous
    16:44 24/09/2009 # ! Neutral (0)

    What a load of bullshit!

    breast feeding is most natural way to feed a baby, that is WHAT they are there for, DUH! How else were babies feed before infant formula?

    Why do you think, that in the OLD days - women WERE barefoot and pregnant is because they had to spend a lot of time breasts feeding, etc while the man worked. I'm for equal rights, glad women have a place besides being baby machines and a place to put a penis (I know some may disagree)

    Even in Texas, there are public places for people to breast feed.

    All the artwork as noted, should really help.

    Idiots! Idiots like that make mankind seem... worthless.

    Comment by bazgu
    06:43 11/08/2009 # ! Neutral (0)

    In USA is the most stupid law in the world. I don't know how it is possible that so stupid nation is the most powerful in the world. I think it wouldn't be long.

    Comment by Anonymous
    22:52 10/08/2009 # ! Neutral (0)

    Your fucking joking .....right,....some breast feeding photos...bet the cop and the judge jacked off right...well you'd better go through every museum and tear down all those religious photo and statues of the breast feeding Madonna.....fuckin back ward hicks..back to the dark ages.....Spanish Inquisition..American style....

    Comment by Shorty
    01:25 12/08/2009 # ! Neutral (0)

    Fuckin out of control government

    Comment by Anonymous
    10:53 08/09/2009 # ! Neutral (0)

    This is just so sad. There is nothing more beautiful than a mother breast-feeding her child.

    Now on a personal note I would often suckle on my wife lactating breast while our son was nursing on her other breast. It was a very beautiful and tender way for her to express her heart love for the both of us.

    Of course I found that I loved the milk so much I kept her lactating for the next 15 years. And yes our son was allowed to enjoy the milk at that age also.

    Comment by Anonymous
    00:16 09/09/2009 # ! Neutral (0)

    WTF!?
    Now who's the racism bastard?

    Comment by Anonymous
    22:12 08/09/2009 # ! Neutral (0)

    I always find it funny that you can be a violent sociopath, a drug dealer, a drunk driver, an unrepentant thief, a serial rapist, or a murderer, and you will NEVER be punished adequately enough, while average joe-dumb asses will skirt through the grey areas in the legal system and be punished worse than any real criminal who has done worse.

    It's like: You murdered a family of 5 while driving drunk and fled the scene where you struk a child crossing the road with her dog. 25 years. With parole, good behavior, rehab, etc, etc, you won't even do 7 years. In 8 years, you'll be out killing innocent people again.

    And you: You're 21 years old and were caught in public kissing your 17 year old girlfriend of 4 years the day before her birthday. You will do 10 years without chance of early release then be branded a sex offender for the rest of your life so you can never again support a family or live in any community were a family has a child.

    The legal system fails so badly, that at times I think those nutcase surivivalists and anarchists have it right.

    Comment by Anonymous
    05:41 09/09/2012 # ! Neutral (0)

    not in texas 17 is age of consent and we kill the fuckers

    Comment by Anonymous
    16:49 09/12/2009 # ! Neutral (0)

    For a bunch of people that are supposed to be enlightened, your reading comprehension isn't very good. This wasn't about tits, it was about taking pictures of naked children for the sexual gratification of the boyfriend...

    Avatar of tyciol
    Comment by tyciol
    12:58 12/12/2009 # ! Neutral (0)

    So god damned ridiculous, this is the shit that happens when you make it okay to outlaw media as a substitute for being incompetant at saving actual people. Let's just save our morals instead and forget the people getting victimized!

    Comment by Anonymous
    01:51 11/07/2012 # ! Neutral (0)

    A good lawyer should have pursued that couple and sued the state. That kind of legal stupidity is WORSE than asinine.

    Those idiot cops were operating from their OWN fantasies.

    The US has some incredibly stupid cops, not to mention incredibly stupid film department employees.

    This has to be a very old story because Eckerd's has been out of business for about five years at least.

    Comment by Anonymous
    09:39 01/12/2012 # ! Neutral (0)

    "To all you immigrants out there, aren't you just so glad to be in america?" he said with heavy sarcasm.

    Comment by Anonymous
    03:55 06/08/2013 # ! Neutral (0)

    Wow... hopefully the charges get dropped due to lack of evidence.. this is lame... cops have too much authority.. the store employees should be fired.









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