July 27, 2026, 11:36
HunterWA Bizarre Set of Facts and Charging
Howdy y'all
I have a very bizarre set of facts and am at a loss when it comes to charging.
I have a fella who was paying children and naive adults to penetrate their anus with a tube, put air up their anus, and then recorded the sound of them farting while wearing their clothing. This happened to like a dozen or so people. He never watched them insert the tube, and no one's genitals or anus was ever exposed in the presence of the defendant.
So now that I am at the charging stage, I am at a loss. I can make Agg Sexual Assault of Child, and Sexual Assault of a Child, but beyond that... it doesn't appear to be a crime.
This act is apparently not "sexual contact" under 43.01 as it would require the touching of the anus of another, and he never touched them, they touched themselves, so I lose sexual performance of a child and soliciting prostitution which just sounds... wrong.
I appear to have a fact scenario where this fella is sexual assaulting children but is not doing sexual contact with them.
The only other fallback I can think of is Trafficking of person via labor trafficking, calling it forced labor through deceit.
I would love some ideas on charging. This seems like an oversite in the law, or maybe just something so strange no one thought of the possibility.