| 
	 
	THE DEFENSE NEVER RESTS 
	BLOG 
	     
	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. 
	  
	  
	  
	Have an 
	opinion on the matter?  Send an email --->Email 
	Defense Attorney.   
	  
	  
	
	 
 
 
	 
          
 
 |