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"The Constitution protects both adults and children," said Glen Downey, a Des Moines civil rights attorney who first filed the lawsuit for the girl and her parents.
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"It is important to remember that this lawsuit was filed after my office offered a diversion program to juveniles so as to avoid any juvenile having to face delinquency charges that could have resulted in an adjudication of a sex-based crime," he said.
"It was my hope that the children involved in this investigation could have had a chance to learn from their mistake, without life-altering consequences, including the potential of being labeled a sex offender." If Bull had charged the teenager with sexual exploitation of a minor, she could have faced being removed from her home and being placed on the sex offender registry.
We tried to work with him, but he wouldn’t budge and insisted that our daughter admit guilt to a crime that she didn’t commit." Bull had previously said he would drop the charges if the girl were to write an admission of guilt and attend a class on the dangers of sexting.
The charges held a penalty of up to 10 years in prison and being placed on the sex offender registry.
The girl’s family issued a statement reading in part: “We feel the county attorney misused his position of authority to bully our daughter.
Activists with the so-called "Free the Nipple" movement have made similar claims in court cases across the country.
Both the teen and her parents remained anonymous in court filings and want to keep their identities confidential, according to the ACLU release.