Charges of crimes against nature were dropped against two men who were arrested for having consensual sex in Raleigh, N.C.
Nelson Keith Sloan, 39, and Ryan Christopher Flynn, 25, were each charged with crimes against nature last Saturday after Sloan called police to report that he had been assaulted by Flynn, according to the News & Observer newspaper. Sexual assault charges were not filed, but Flynn was charged for assault for biting Sloan on the lip. He said he had to pay $450 to be released from jail.
Though the U.S. Supreme Court ruled in the 2003 Lawrence v. Texas case that consensual gay sex is not a punishable offense, North Carolina still classifies sodomy as an illegal activity, as it also does cohabitation.
"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 on 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."
According to the article, Raleigh police were told that they could continue to arrest gay men for having public sex, but not sex in private spaces. Police spokesperson Jim Sughrue said the distinction would be further reinforced with officers. (The Advocate)
