Man Tricks Woman Into Changing His Diapers – Should it Have Been a Crime?

Posted by Enrique on 08.13.2009

Crybaby.



America's 2009 healthcare reform debate has taken an ugly turn. Federal legislators have returned to their home districts for the August recess with the intent of engaging their constituents in discussion over the best way to fix America's flawed healthcare system. In some cases, they've been met with heated opposition that reminds some Democrats of the Ku Klux Klan. There were allegations of violence among protestors at an event last week in St. Louis. The Speaker of the House has questioned the patriotism of those who stand in her way. It's a dark time for the republic.

So let's forget about all that and turn now to the only state with its own Fark tag, Florida. When last we left Florida, we were bemused to learn bestiality is completely legal in the Sunshine State. Now there's news that another unpopular fetish is completely legal in Florida – convincing a woman to change your diapers under false pretenses. For our Pulitzer-worthy story this week, let's examine the case of Janet Schulte, who was duped into believing she was providing special-needs care for a cognitively disabled adult man. As it happens the man is actually in full command of his mental faculties and just wanted someone to wipe his butt. Although the ruse has been uncovered, authorities won't arrest the man because they say he committed no crime. Would you believe Craigslist was involved?

The story so far…


Ick

When is rude and/or disgusting behavior a crime? Some busybody paternalists believe any behavior they don't personally approve of should be criminalized, including recreational drug use, prostitution, internet gambling, elective abortion, and homosexuality. The more libertarian-minded among us believe people should be free to engage in whatever untoward activities they want, so long as no one is harmed and all participants are consenting adults. In between those two ends of the spectrum is a gray area of repulsive possibilities, as Janet Schulte discovered.

According to reports, Ms. Schulte placed an ad on Craigslist offering child care services. (I wonder how many stories of misfortune start with, "So I placed an ad on Craigslist…" It's got to be up there with "I was so drunk this one time…" and "Usually I wear a condom, but …") She was contacted by a man who asked if she knew of any special-needs caregivers, and as Schulte would later find out, his needs were special indeed. The man claimed to have a disabled brother with the mental capacity of a kindergartener, and he was seeking someone to take care of him for the substantial fee of $600 a week. In hindsight it's apparent the offer was too good to be true, but at the time, Schulte must have thought it was too good to pass up:

The man insisted that his brother could come to Schulte's house by himself because the aunt lived nearby and he knew the neighborhood.

Schulte said "the brother" spent his days at her house watching cartoons and playing video games.

"I took care of him just like I would my kids," she said. "I rubbed his head when he was falling asleep. I waited on him hand and foot."

Awwww, how sweet. Except she also waited on some of the man's less appealing body parts. "I consented to change his diapers, but I legitimately thought this man needed help," Schulte said. Ewwwwww! I think we can all admire people like Schulte who are willing to provide these services to disabled persons. However, in this case the man didn't need help. The mentally handicapped "brother" and the person who contacted Schulte through Craigslist were actually – wait for it – THE VERY SAME PERSON. Double Ewwwwww! He's not technically disabled – he just likes to soil himself and have unsuspecting women clean him up.

The deception went on for about three months, and was uncovered the same way it usually is in these cases: the $600 weekly fee wasn't always paid on time. This made Schulte's husband suspicious, and one day he followed the allegedly retarded man when he left their home. He was no doubt surprised to discover the man didn't go to a relative's house, but got into a car a few blocks away and drove off. Again, in hindsight, there were all sorts of signs something was fishy. Schulte tried to meet the man who hired her in person, but he was never available. And it sure was convenient the allegedly retarded brother just happened to live within walking distance of Schulte's home, no?

Schulte's husband called in sheriff's deputies and confronted the man at his home. Although the man admitted that he deceived Schulte, the authorities didn't arrest him, and he hasn't been charged with any crime (which is why his name doesn't appear anywhere). Although the man's behavior was certainly deceitful, disreputable, and just flat out gross, it doesn't quite meet the state of Florida's definition of fraud:

Ross Wolf, a criminal justice professor at the University of Central Florida, said the man obtained services fraudulently, but he paid for them.

"It's the opposite of what fraud statutes are set up to criminalize," he said. The laws seek to prosecute people who get money, goods or services with deception and don't reciprocate fairly.

"There is not a law for everything that we might consider improper or criminal in nature," Wolf said. "I think it's unfortunate that things like this happen to people where we don't have legislation, but we do have an imperfect system of justice, and it's constantly under revision."

Although this man's behavior was seriously creepy, like bestiality it's not a crime in Florida. Should it be? Apparently this wasn't the first time the man had pulled this trick. Schulte said she posted a warning on Craigslist about him and received replies from five other women who had been unwittingly coerced into changing the man's diaper. If such behavior were illegal, presumably it would discourage him from attempting this scam again.

On the other hand, despite the tawdry scatological circumstances of this case, no one was actually harmed. Ms. Schulte might argue she suffered emotional distress upon learning she had been changing the diapers of a capable adult, but emotional harm is highly subjective and therefore difficult to criminalize. I think we can all agree this diaper fetishist is a creep and weirdo, but as long as he didn't inflict any actual suffering, I'm inclined to disagree with Schulte when she says she wants him to serve jail time. Let's not forget she was paid handsomely for her services, even if they were solicited under false pretenses. Schulte herself acknowledges none of the man's behavior was sexual in nature. It was just really, really, really, really freaky.

Schulte has other ways to punish the man who deceived her that don't involve the criminal justice system. She can file a civil suit to obtain the full fees she's owed. But the most useful thing she can do is what she's already done – publicize her experience so others won't fall for the same scam. Many journalists and bloggers, myself included, would be happy to assist her to that end.

It's unfortunate Schulte was lied to, but I would argue we should be very circumspect about regulating simple human dishonesty. Everyone tells lies of varying degrees of seriousness, and it would require a supremely intrusive government bureaucracy to oversee them. It understandable Schulte feels disgusted by what happened to her and wants the government to step in and mete out some punishment. However, I think it's better when government doesn't have a role in settling personal disputes like this, even when they're yucky. If anything, it appears this man was guilty of dishonest speech. Even if it makes us uncomfortable, dishonest speech should be free speech.