A Utah woman could face jail time and be forced to register as a sex offender after she says her step-children saw her topless in her own home.
Lawyers for Tilli Buchanan, 28, appeared in a Salt Lake City court last month to argue that the misdemeanor lewdness charge their client faces is discriminatory against women, NBC affiliate KSL reported.
Buchanan was arrested in February after prosecutors said she exposed her breasts to her step-children several years ago while hanging drywall in her garage with her husband.
According to her, she and her husband both stripped down in order to keep their clothes from getting dirty.
When Buchanan’s step-children asked her why she’d taken off her shirt and bra, she explained that everyone should feel comfortable walking around topless in the privacy of their own homes.
“Tilli explained that she considers herself a feminist and she wanted to make a point that everybody should be fine with walking around their house or elsewhere with skin showing,” her attorneys said in court filings earlier this year.
“My husband was right next to me in the exact same manner, so I’m being prosecuted for it,” Buchanan told KSL.
The American Civil Liberties Union has gotten involved in the case.
“When you look at this statute is there’s one – there’s a part of it that says a woman. This part of a woman is found inherently obscene, and this part of a man isn’t, and that really sets up an unequal, unfair dichotomy,” Leah Farrell, an attorney with the ACLU of Utah who is defending Buchanan, told KSL.
In September, a feminist group won its legal battle to get the local city council remove language from its public nudity code barring girls and women over the age of 10 from going topless in Fort Collins, Colorado.