The Fat Defense

I will admit that I have not used this defense, but at times you have to get creative based on the facts of the case.  Every case is different - this one is clearly a very different set of facts.

In Xenia County, a judge in Ohio ruled that trans woman Rachel Glines did not commit indecent exposure in a female changing room after the defense argued that body fat covered the genitalia area.

Xenia Municipal Court documents originally reported three charges of indecent exposure against Glines, who previously went by the name Darren, since 2021. Witnesses claimed in these incidents that women, including some juveniles, saw a "naked man" in the female locker room with a visible penis. The charges against Glines were then brought to court in February.

Judge David McNamee eventually cleared Glines of these charges, insisting that there was "little dispute as to the facts of the case" regarding Glines' permission to be in the locker room, as well as the fact that Glines’ heavy body set likely covered the penis.

'There is no question that Glines was in the women's locker room. However, Glines was not charged with trespass, nor was Glines charged with being in an area of the YMCA where Glines was not supposed to be," McNamee wrote. "Quite simply, the facts do not exist to support a find of guilt, as charges. Glines' genitalia was not visible as a result of other portions of her body covering some."

This comment reflected questioning made by defense attorneys for Glines who similarly argued that it was "also fair to say that the whole genital area was covered by body fat." The attorneys also noted that the YMCA of Greater Dayton had previously given permission for Glines to enter the women’s locker room in all YMCA facilities in the area.

As a result of the said "too fat to expose" defense all charges were dropped, as the YMCA had given permission for the presence in the locker room and as such there was no trespass.  I do not know if I will ever have the need or opportunity to use the "too fat to expose" defense, but at least now I know it exists - at least in Ohio.  

The World we live in might be crazy - even crazier than expected, so call Winslow Law if you need help sorting out any craziness you might run across: 843-357-9301.

May God Bless You, Your Business, and this Country, 

Tom Winslow