Question:
Bloody pointless. Did anyone *read the article? If the case hangs on the 'strawberry birthmark', then that's all you need to prove, and that doesn't require nude photos passed around (ha bloody ha) *only the counsel and the judge.
Look at it logically - it's a case of abuse, and either the child has no experience of adult bodies, and can't tell one from the other, *or there's a distinguishing feature which s/he recalls. Either way, I'd like to see some legal reason for photographing someone who's still innocent until proven, etc, when it's not essential to the case.
BTW, what is "third degree child rape"? Is that considered better or worse than first or second degree child rape?
Answer:
One needs to know all the legal arguments, though if the complaint is based on just a birthmark as only physical description, full nude certainly is not required. Just offer a selection of "mug shots" of birthmarks in the same general location. Though considering that charges were already brought it would appear that prosecution is seeking to shore up thier claim that a crime was committed to get a conviction. This appears to be a problem. The charges should not be presented unless there is reasonable belief that a conviction could be achieved already based on currenr evidence.
often inoncent people are compelled by courts to provide blood. fingerprints, etc. under court order as part of the search for evidence. The pictures might be a needed element of this case. Though under USA code there is susposed to be protection from self incrimination and there is also a general right to privacy. I can see this case being apealed if the defendent can aford it or someone steps forward like ACLU.
In general 3rd degree is a lessor offense, in this case/charge less contact (or at this time only charge that can be brought at this time without the pictures). Legal games are an art and a science, each side trying to use any tool that they believe will best serve. Use the facts, use the Law, use the curcumstanses, use emotion, use lies (just don't get caught), use public opinion, use anything you can get your hands on. If it looks like you are headed to a stalmate cut a deal, even if client is inocent.
