Sodomy Charges Dropped

Cross-posted at WebPolitick

Dear Friends:

First and foremost, a tip of the hat to NChands, who posted on this story earlier tonight on the DailyKos, and who has graciously allowed me to recount the report here at BlueNC. This is written in follow-up to an earlier post, describing the recent arrests of two Raleigh men on charges of crimes against nature.

The Raleigh News and Observer Reports:

Wake County prosecutors dropped charges Friday against a pair of Raleigh men arrested last weekend for private acts of sodomy, citing a U.S. Supreme Court ruling that make such charges unconstitutional.
Nelson Keith Sloan, 39, and Ryan Christopher Flynn, 25, were charged with crimes against nature after police said Sloan called officers to his apartment early Saturday morning saying he had been attacked.

No sexual assault charges were filed. Police charged Flynn with simple assault for biting Sloan.

After reviewing the case, Assistant District Attorney Adam Moyers said the facts showed all acts occurred between consenting adults in private. He cited the landmark 2003 U.S. Supreme Court case Lawrence v. Texas that forbids making private sexual conduct a crime.

There was some initial concern that Mr. Sloan had been sexually assaulted, based on his statement in the initial News and Observer Report. However, Flynn has been charged with simple assault, stemming from Mr. Flynn allegedly biting Mr. Sloan.

Although the charges have been dropped, North Carolina's anti-sodomy laws remain on the books, with seemingly little but to harass. Perhaps Mr. Sloan, one of the charged, put it best when he said:

"I am grateful that the DA's office has a better understanding of the Constitution than the Raleigh Police Department," Sloan said in a statement Friday. "However, as long as this law remains on the books it is a crime punishable by an arrest, a stay in jail, media attention, and a fine of $450 since that is how much it cost me to get out of jail."

Although attempts have been made to modernize North Carolina's Crimes against Nature (CAN) statutes, little has changed, which is most likely the result of the Christian Right in the state. However, as exemplified in this case, attempting to enforce these unconstitutional laws results in an embarrassment for the community, not taking into account what is surely a difficult time for those charged.

Although we can hope for change, without action this sorry episode is bound to repeat itself. I'm attaching links to the members of the North Carolina General Assembly and North Carolina Senate, complete with listings of both houses with email addresses.