Police charge two with sodomy in Raleigh

[Newsjock]

Source: Raleigh News & Observer

Raleigh police are charging two adults for sodomy in private, although the U.S. Supreme Court appears to have outlawed such charges five years ago.

Police on Saturday charged two West Raleigh men with a "crime against nature" for having sex early that morning. Each faces up to two years in prison if convicted of the Class I felony.

But that charge is unconstitutional, a state lawmaker says.

... "This looks like a case of a consensual act that may have gotten out of hand," said Raleigh police Capt. T.D. Hardy. "The law is still on the books. Our detectives got involved in it last night and decided this was the best thing to do. What the D.A.'s office will do with it, I don't know."

Read more: http://www.newsobserver.com/news/crime_safety/story/1084201.html

[krispos42]

1. This looks like a case of a consensual act that may have gotten out of hand,"

And into somebody's...


:evilgrin:


Well, you know.

[Lorien]

2. What he was referring to was violence, not the sex. Here's more from

the article:

And the circumstances of the encounter are murky.

Raleigh police first charged Nelson Keith Sloan, 40, of Grand Manor Court, who called them to his apartment about dawn, saying he had been attacked.

Police later filed the same charge against Ryan Christopher Flynn, 25, of Glen Currin Drive.

They also charged Flynn with simple assault for biting Sloan. And they charged him with communicating threats by telling Sloan he was going to disembowel him and show him his innards.

"This looks like a case of a consensual act that may have gotten out of hand," said Raleigh police Capt. T.D. Hardy. "The law is still on the books. Our detectives got involved in it last night and decided this was the best thing to do. What the D.A.'s office will do with it, I don't know."

[Beregond2]

3. Uh, they've never heard of assault charges?

[Lorien]

6. I was referring to the comment specifically, not the charges

If you read the OP and not the original article you might think that the sodomy was what was "getting out of hand", not the fact that a consensual act turned violent. But yes, the charges are absurd.

[Beregond2]

20. Yes, I wasn't aiming that at your post, but the whole situation.

[man4allcats]

4. What the fuck?

Raleigh police decide what nature considers criminal? I think even Barney Fife would call that a stretch!

[lurky]

5. Message to gays: Don't call the cops in Raleigh...

if you are in a domestic dispute. You will be arrested for being gay.

Did the cops even witness them committing "crimes against nature"? It does not sound like it. The whole thing is pretty messed up.

[EFerrari]

7. This happens to straight people, too.

The cops arrest both parties to be on the safe side. So, if you're the one that has been on the receiving end of abusiveness, you get to be beat up and then sit in jail with your untreated injuries while the DA figures it out. Nice, isn't it?

[DUlover2909]

8. "nice" used to mean crazy long ago. heheh

[kdmorris]

14. Unfortunately,

with straight people, that's not always the case. In almost all cases of male-female violence, the man is hauled off to jail, but the woman is not. Even if the man has injuries, they are considered "self-defense" on the part of the woman.

Sorry, but this time, I have to disagree with your statement.

[EFerrari]

17. Unfortunately? Are you saying more battered women should be

hauled off to jail?

In fact, it happens in San Francisco all the time and, it happened to me more than once. A psychologist at the Co. jail explained it to me in terms while he was helping me process out and before they had me sign that slip that says you've been "detained" but not arrested. It was quite an education.

[kdmorris]

21. No, of course I don't think that

Just because it's happened to you doesn't mean the it's equitable between homosexuals and heterosexuals. You made a statement that it IS the same for both. And it's NOT.

In 99% of the cases involved a man and a woman, the man will go to jail and the woman will not, not even to be "detained", not to be questioned. I mainly used the word unfortunately because I wasn't trying to be confrontational with you. Since I was once a battered woman I certainly do not think that the woman should be hauled off to jail every time the man beats her.

What the hell? Why the attack? Why come out with the inflammatory bullshit ("are you saying more battered women should be hauled off to jail")? What the fuck did I do to you? I've mostly agreed with you all these years, so why punch me in the face the minute I disagree with you?

[EFerrari]

22. "Unfortunately, with straight people, that's not always the case."

Those were your words. Did I misread them?

And I said, this happens to straight people, too. I made no attempt to equate the two situations but only said, this happens to us, too. I didn't say is was THE SAME for both groups, got it?

And it happens often enough in this town for there to be a whole office dedicated to clean up these bad arrests, most of them between hetero couples.

Disagree with me all you want. That's what this board thrives on.

ETA: The dumb thing is that all I meant to say is that this happens to everyone because the PD is more worried about their insurance than anything else.

[kdmorris]

25. Never Mind

ETA: I don't thrive on disagreement, which is one reason I so rarely post these days. And what I just erased would have just kept the disagreement going.

Peace.

[pop goes the weasel]

26. maybe

but the last person I met who had been arrested for domestic violence when it was the other partner who was violent was a woman whose face was still swollen from the beating she took. So, I don't know. Maybe what you are describing isn't as true as is widely believed.

[kdmorris]

32. Maybe so

I was really just trying to say that it's not the same. One male partner called the police because the other male partner seemed like he was getting violent. They cops arrested both of them for sodomy, not domestic violence.

Maybe I've just lived in states where they don't arrest the female partner when it's the male who is the beater.

[Tandalayo_Scheisskopf]

18. It's also a great way to...

Get two convictions for the price of one, these days, since a prosecutor can convict a ham sandwich in our courts. Two convictions mean two fines or two more heads-in-beds in the hoosegow. Each bed filled in a jail means another approx. $34,000 in federal funds for the jail, which is why they love to keep county jails filled.

The fact is that our police have become about revenue collection, in some very real ways, and have been indoctrinated and pressured into the process. So we get charges like this.

Of course, two consenting males, involved in a putative "homersexal" act in Raleigh, coming up with a less-than-sophisticated-and-understanding cop, might just be in play as well.

That all said, it might be a good thing that Mr. Show-You-Your-Intestines is off the street. After all, he does not understand the principles of good fashion accessorizing in the least.

[tctctctc]

19. This essentially means 'no protection' for same sex assaults.

don't call the police.

I guess this means you'd better know who you're sleeping with, before you sleep with him/her.

Women always have to be aware of this. Women also get accused of 'inviting trouble' when it gets violent. It always depends on the attitudes of police, at the time and place.

[orleans]

9. no fighting! no biting! no threatening to disembowel someone else!

when the hell is someone gonna explain to these ignorant lawmakers what a crime against nature really is??

[Voice for Peace]

12. yes. thanks for your point.

[ccharles000]

10. ...

:puke:

[Ian David]

11. Well, they had sex in the MORNING. That's just yucky. n/t

[xchrom]

13. and THERE'S your crime against nature -- your honour -- i rest my case. nt

[Haole Girl]

15. The article says one of them called the police to his apartment saying he'd been attacked.

Why? If it was consensual? This story doesn't add up.

:shrug:

[uppityperson]

16. Charge him with assault, this could be a push to get that "crime" off the books

[michreject]

23. I thought NC was a progressive state?

WTF?

[struggle4progress]

27. Compared to South Carolina

[michreject]

31. That's the oooooooold south

They will be the last to change.

[Freddie Stubbs]

28. What exactly led you to believe that?

:shrug:

[michreject]

30. I live 18 miles from the border

I'm back and forth from Mi. and Tn. I'm in NC quite often. There's a large segment of people who moved from the NE to Fl, didn't like it so moved to up NC. There is a derogatory term for these people, which I will not mention. They are mostly progressive and the political climate in NC is reflecting this movement.

[d_b]

24. its times like these i wished i lived down there

and could suck my dick.

[ismnotwasm]

29. It looks like it stopped being consensual sex

When one threatened to other with violence.
Where is the assault charge? What is UP with a bullshit charge like sodomy? And how does the charming Raleigh police define sodomy? Sometimes simple oral sex is on the books as sodomy, also originally directed against gays.

How stupid and dangerous. Violence needs to be addressed as violence, not as a sex act.

I hope to shout the charges are unconstitutional.

[lib2DaBone]

33. Basic Domestic Violence

Sounds like your basic Domestic Violence call? If there was assault or battery, make an arrest. If you do not have enough probable cause to make an arrest, get one half of the argument to leave the premises and file your report with the District Attorney (or Prosecutor...whatever system they use there.) Wonder why the Police Department had to go and get so creative with the charge of Sodomy? Simple Battery or Disturbing the Peace would do?

[timtom]

34. Right-o!!!

This underscores my mantra for the past 15 years:

"Never, ever, but never involve the authorities for anything at anytime unless your life is in immediate danger, and then -- think twice!"

Not just police, but ANY official organ of the state. You're only asking for trouble.

[noonwitch]

35. This is a sexual assualt, not consensual sex

It should be charged under sexual assualt laws.

[llchips7]

36. The FACTS

Here are the facts: Sloan called the police to remove Flynn from his apartment. Flynn, who is "straight", had passed out after sexually assaulting Sloan. Apparently, Flynn has some mental health problems when he drinks or Drugs, he changes personalities. The police arrived, began investigating, had the crime lab come over to gather evidence. This went on for over an hour. Sloan decided that he did not want to go thru with the sexual assault. Refused the rape kit. The police arrested Flynn for assault and communicating threats. The pollce left. The police came back 20 minutes later and arrested Sloan for crimes against nature.

I have called the Police attorney for the Raleigh Police Department, Dawn Bryant, 919-890-3385. She indicated that the police made a mistake and that she had conducted alot of training on this issue and that the police had been instructed that they could not arrest a person for this charge in a private setting.

That does not expain why a Raleigh Police Captain (T.D. Hardy) was quoted saying that this looks like a case of consentual sex that got out of hand. Ok Captain lets say it was consentual. Why the arrest of Sloan????? He called YOU.

[Blue_Tires]

37. you seem to know the case well...

welcome to the site!