Mom and Dad Hamaty
LINK to article: http://www.newsobserver.com/news/story/1599467p-7803649c.html
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Photos of man with infant lead to charges RALEIGH -- A Lebanese immigrant facing sexual assault charges involving his infant son is caught in the middle of a culture clash between Western law and Eastern tradition. The Wake County courts will have to settle the question: Is the 24-year-old North Raleigh man a sex offender or an affectionate father? Raleigh police have accused Charbel "Charlie" Hamaty, 24, of 5835-A Pointer Drive of first-degree sexual offense based on photographs of himself and his 6-year-old daughter kissing his 2-month-old son's groin area. An Eckerd Drug employee contacted police after two of the photographs were developed there, and a search of Hamaty's home turned up a handful more. If convicted of the most serious offense, Hamaty faces life in prison. His daughter and son have been removed from the home and taken into the custody of a local social service agency. The depiction of Hamaty as a criminal is disputed by both his lawyers and the more than 100 supporters who crammed a Wake courtroom twice this week for hearings related to the charges against Hamaty and his wife, Teresa. The supporters, mainly from the local Lebanese community, wore red ribbons that said "Support the Hamatys." They said the charges are the result of a misinterpretation of a half-dozen photographs among more than 100 snapshots. "We understand why the police did this, but there are innocent explanations for all of this," said Raleigh lawyer Daniel Boyce. Boyce has received offers of support from the World Lebanese Cultural Union, the Lebanese embassy and the American-Arab Anti-Discrimination Committee, based in Washington. "We're afraid there might be some cultural misunderstanding," said Kareem Shora, the committee's director of legal policy. Such kisses are signs of affection, not sexual abuse, ruled the Maine Supreme Court in 1996 when it overturned a sexual assault conviction of an Afghan immigrant who was similarly photographed with his 18-month-old son. The court ruled that the father kissing his son's penis was a common cultural practice and not a sexual act. "Kissing a young son on every part of his body is considered a sign only of love and affection for the child," the court said in its ruling. "There is nothing sexual about this practice." "It shouldn't be looked at as a crime," said Ludwig Adamec, a professor emeritus of Middle East history at the University of Arizona's Center for Near Eastern Studies, who testified as an expert in the Maine case. Hamaty, who works delivering pizza and three other jobs to support his family, is charged with first-degree forcible sex offense and two counts of sexual exploitation of a minor. His 34-year-old wife, who works as a nurse, is charged with two counts of first-degree sexual exploitation of a minor. That the Hamatys took the photos to the drug store proves their innocence to the Rev. Claude Franklin of the St. Sharbel Maronite Mission, where the Hamatys' relatives attend church. "If you're going to do something illegal, you would use a digital camera and put them on the Internet," Franklin said. "If you were doing something criminal, you wouldn't take the photos to Eckerd Drug." On Thursday during a bond hearing, Boyce said the photos have been taken out of context. Plus, Boyce said, police found no child pornography in the couple's home and no Internet access. In support of reducing Hamaty's $500,000 bail, Boyce argued that Hamaty's release would pose no risk to the community, his children, the witnesses or evidence. However, Assistant Wake District Attorney Jacquie Brewer argued that federal immigration officials have sought to detain Hamaty for potential deportation because his work visa has expired and he has failed to register with federal authorities as post-Sept. 11, 2001, laws require. Boyce said Hamaty had hired an immigration lawyer more than a year ago to resolve a dispute with federal officials since he believes his status has changed by marrying his wife, who is a U.S. citizen. Wake District Court Judge Paul Gessner agreed to reduce the bail to $250,000 and allow electronic house arrest with a number of conditions. While out on bond, Hamaty cannot be alone with any children under the age of 16, must surrender all photographic and video equipment and can have no contact with his children or the witnesses. Gessner also ordered Hamaty to cooperate with social workers in their investigation of the incidents. As of Friday, Hamaty was still being held at the Wake County Detention Center. Staff writer Andrea Weigl can be reached at 829-4848 or aweigl@newsobserver.com. _________________________________________________________________________________________ The court ruled that the father kissing his son's penis was a common cultural practice and not a sexual act. Yeah. |
Posting again........... Perfectly nice looking young couple !
I'd love to bitchslap the dolt who saw malevolence in their family pics.