THE DEFENSE NEVER RESTS
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NATURE IS A VICTIM
February, 22nd 2011
In a continuing pattern of amazement
the government continues to invade our lives far greater than is necessary.
In this instance a pseudo police officer stands in your bedroom making sure
you are not too naughty. How any sodomy laws have survived the
60's is a mystery. Sabrina Canfield brings us this report of sodomy laws
being challenged by grandmothers and average citizens.
Amazingly
nature is the victim here. In some amazing fashion trees, Bambi and the
rivers are harmed when consenting adults engage in oral sex in the privacy
of their own home. The law does not even allege that any squirrels or
rodents witnessed the act just that it occurred.
Sodomy
Rule Challenged as Unconstitutional
By SABRINA CANFIELD
NEW ORLEANS (CN) - Nine people, including a grandmother, a mother of four,
and three transgendered women, challenged a state law that requires people
convicted of having oral or anal sex for money to register as sex offenders.
The plaintiffs say the law is discriminatory. Penalties in Louisiana for
prostitution involving conventional sexual intercourse do not require
sex-offender registration, no matter how many times a person is convicted.
All nine plaintiffs have been convicted of a "crime against nature."
Registering as a sex offender causes humiliation and puts at risk people's
employment, housing, neighborhood affiliation, and puts them at risk of
physical attack, according to the federal complaint.
The plaintiffs - eight women, three of them transgendered, and a man - sued
Gov. Bobby Jindal, Attorney General James Caldwell and other officials,
including police, parole and Motor Vehicle chiefs.
"In 1982, Louisiana expanded its crime against nature statute to
specifically criminalize 'solicitation by a human being of another with the
intent to engage in any unnatural carnal copulation for compensation,'" the
complaint states. "In doing so, Louisiana became the first and only state in
the nation to adopt a freestanding statute that specifically criminalizes
offering or agreeing to engage in oral or anal sex for a fee."
The complaint adds: "The only possible explanation for the inclusion of the
crime against nature by solicitation statute in the registry law is that it
targets non-procreative sex acts traditionally associated with
homosexuality."
Forty percent of sex offenders in Orleans Parish are on the registry as
crime against nature by solicitation offenders, according to the complaint.
"The Louisiana Legislature recently equalized the penalties associated with
a first conviction for prostitution and a first conviction of crime against
nature by solicitation. However, the statutory penalties for a second
prostitution conviction and a second crime against nature by solicitation
conviction differ in critical ways, thereby subjecting individuals convicted
of allegedly soliciting oral or anal intercourse to far harsher punishment
than those convicted of soliciting vaginal intercourse," the complaint
states.
The amendment made it no longer necessary to register as a sex offender for
a first conviction of a crime against nature, but a second offense still
requires registry. "Conversely, no number of convictions for prostitution
requires registration as a sex offender, and never has."
Plaintiff "Audrey Doe is a grandmother in her mid-50s." She was convicted of
crime against nature by solicitation on at least two occasions. She says
that "since her release from prison, Audrey Doe has spent hundreds of
dollars to comply with the registry law's fees and notification
requirements. These expenses have included the cost of printing and mailing
notification postcards to neighbors and the fee for placing an announcement
in the newspaper disclosing her registration as a sex offender."
She says that after sending out her sex offender notification, someone threw
rocks through her windows.
"On another occasion, a group of youths threw rocks at Audrey Doe and yelled
at her to 'suck [their] dicks.'" (Brackets in original).
Plaintiff "Becca Doe is a mother of four in her mid-50s." She has three
convictions for a crime against nature. After her first conviction she "was
sentenced to 40 months imprisonment with hard labor and required to register
as a sex offender for 15 years."
Another plaintiff "has only a single crime against nature by solicitation
conviction, but because her conviction precedes recent legislative
amendments, she continues to be subject to the registration requirements.
Other plaintiffs have multiple convictions of crime against nature by
solicitation, and as a result must register as sex offenders for the rest of
their lives."
The plaintiffs say registering as a sex offender affects "every aspect of
their lives, including housing, employment, travel, access to identification
documents, family life, and evacuation in the event of an emergency or
natural disaster.
"For example, registrants must carry a state driver's license or
non-drivers' identification document which brands them as a sex offender in
bright orange capital letters. Like individuals on the registry as a result
of having committed offenses involving children, violence, or lack of
consent, individuals convicted of mere solicitation of oral or anal sex for
compensation must disclose that fact that they are registered as a sex
offender to neighbors, landlords, employers, schools, parks, community
centers, and churches.
"The requirement that individuals convicted of crime against nature by
solicitation appear on the sex offender database, known as the Sex Offender
and Child Predator Registry ... has had devastating consequences for
plaintiffs. For example, many plaintiffs have been unable to secure work or
housing as a result of their status as sex offenders. Audrey Doe has been
physically threatened by neighbors. Eve Doe has been refused residential
drug treatment because providers will not accept sex offenders."
Seventy-five percent of people convicted of a crime against nature in
Orleans Parish are women, and 79 percent are black, according to the
complaint.
The plaintiffs add: "Requiring individuals convicted solely as crime against
nature by solicitation to register as sex offenders serves no legitimate
purpose whatsoever. Plaintiffs pose no danger to anyone. They have not been
convicted of any criminal offense involving force, use of a weapon,
coercion, lack of consent, or a victim who is a minor."
The plaintiffs want the law enjoined as unconstitutional, and want their
names expunged from the registry. They are represented by William Quigley
with the Center for Constitutional Rights in New York.
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