Woman spared three-year jail term on appeal
A mother who took photos of her nudist husband in the presence of the couple’s undressed children with the intention of using them in separation proceedings has been spared a three-year jail term on appeal.
The woman had been found guilty in 2019 of producing the indecent images of the couple’s two minor children, aged three and one-and-a-half. She had been acquitted of separate defilement charges.
Those images, over 70 in all, featured her naked husband in the shower, in bed or even reading a book while in the presence of the children who were also sometimes undressed, occasionally touching the man’s private parts.
The situation inside the couple’s home came to light after the woman took up a job as a child support worker and opened up to her colleagues, telling them she was worried about her husband’s nudist habits which persisted even when the children were around.
She had expressed the intention to file for personal separation, saying her husband was violent, set in his ways and became nervous whenever she told him she was tired, following the birth of their first child.
When the relationship took a negative turn following the birth of their second child, the woman had started to take the photos, telling her husband that she was not including him in the pictures but was only focusing on the children.
In actual fact, she was compiling evidence which she hoped would speed up separation proceedings and secure her legal custody of the children.
The woman shared her troubles and plans with her colleagues and family paediatrician. Soon after, the matter was flagged to welfare agency Agenzija Appoġġ and the police, who pressed criminal charges against both husband and wife, with the proceedings being handled separately.
The mother appealed her conviction, arguing that the photos could not be deemed indecent in terms of law and that she lacked criminal intent.
A court of criminal appeal presided over by judge Giovanni Grixti threw out the first argument, stating that although “indecent” was subject to interpretation, the first court, “having vast experience in similar cases,” was correct in concluding that the naked images of the children touching their father were pornographic and thus indecent.
The motive behind such images was irrelevant, the court said.
Source: Times of Malta
Original publication 6 January, 2021
Posted on NatCorn 22nd January 2021
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