Police use invalid anti-sodomy law to arrest gay men for ‘crimes against nature’

[Fearless]

Police officers from the Sheriff’s office in Baton Rouge, Louisiana have made at least a dozen arrests of gay men since 2011 using an anti-sodomy law despite it being struck down ten years ago.

Arrests have been made as recently as July, with gay men being charged with “attempted crimes against nature” for discussing having consensual sex in a private place with an undercover police officer.

The most recent was made on 18 July when a deputy sheriff approached a 65-year-old man in a car, denied being a police officer, and after moving to a park bench, discussed having “some drinks and some fun”, at his apartment.

The man was arrested and charged with attempted crime against nature, despite no sex-for-money exchange being discussed, and despite not having intended to have sex in a public place, reports the Advocate.

http://www.pinknews.co.uk/2013/07/28/us-police-use-invalid-anti-sodomy-law-to-arrest-gay-men-for-crimes-against-nature/

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What the FUCK is wrong with these people?!

[Sherman A1]

1. I read about this in a previous post on the subject

frankly, I think the Sheriff has exposed himself and his office up to a very costly lawsuit.

I just don't see the upside in trying to enforce a law that was struck down a decade ago.

[LuvNewcastle]

2. They should be fired, sued, convicted, and put in prison.

They can play 'catch the sodomite' in the big house.

[LostOne4Ever]

3. How are they getting away with this?

EVERYONE knows that sodemy laws were struck down. I can't understand how they are getting away with this.

[HillWilliam]

4. Another reason I'm glad I'm out of that hellhole n/t

[William769]

5. Heres a follow up to that sorry piece of shit.

http://www.democraticunderground.com/10023365236

[Gothmog]

6. Ignorance of the law is no defense

This sheriff is going to get sued

[Amimnoch]

7. Actually, the sleazy ass way they are going about it, I'm not sure if he can be?

The "law" is still on the books in Louisiana. They can't prosecute the case so they drop it after the arrest, and the person's name is in the papers as having been arrested, and charged.

It's a damn disgusting tactic they are using, and from what I've read on it so far, I'm not sure if there's any real legal recourse these people have? Arrest, shame, drop the case.. disgusting.

I don't think anything can be done to the Sheriff himself, or those jackasses involved, I think the law itself would have to be challenged, but if no one is actually being prosecuted under the law, can it still be fought? Can any of the defendants not allow the state to drop the case and force it to court?

Even if it is unenforceable, but still an actual law on the books, would a counter harassment suit even stick? I hope this jackass gets his day.. but in Louisiana, you'll have to pardon me if I don't hold my breath waiting on it.

[mitchtv]

8. I imagine it's time to sue

an injunction is in order, and punitive for intent to inflict harm

[Amimnoch]

10. As a matter of right vs wrong, i think you're right, I just wonder what kind of legal leg there is?

I think proving "intent to inflict harm" will be very difficult when the law is still "technically" on the books.

I totally agree that is EXACTLY what those asses were doing, I just really wonder at how provable it is when put before a Jury when they do still have that shitty law on the books.

[LeftyMom]

9. It sounds like a slam dunk civil rights violation, the sort of thing the DOJ is for.

I wouldn't be surprised if the individuals involved had a winnable privacy case, but southern judges and juries would be involved so who knows if they would apply the law.

[MNBrewer]

11. This is why they want the laws to remain "on the books" even though unenforceable.

to harass gay men and lesbians.