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A law which was declared unconstitutional by the Supreme Court in 2003. The News Observer reports on a case where police were summoned to a home where one man claims the other man assaulted him, but they ended up arresting both men and charging them with "crimes against nature," which means the sodomy laws that were overturned by Lawrence v Texas. Long excerpt below the fold:
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."
Sloan, however, said he was the victim of an assault.
"I didn't allow anything," he said Saturday after being reached at home by phone. "They knew it and turned it around and arrested me. I have never been so humiliated in all my life. It's just awful."
Police did not charge Flynn with any sort of sexual assault.
Absolutely absurd. Why was Sloan arrested for anything at all? He accused Flynn of assaulting him, but no one apparently accused Sloan of anything other than violating a law that can no longer be enforced. The Raleigh police seem to be engaged in their own form of sodomy - having their head inserted up their ass.
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Ugh, as a former resident of Raleigh this is a little surprising to me. Raleigh is a relatively progressive town. That of course doesn't mean it translates to the police force.
Also, while I have no room at all to be critical of typos as is easily seen by my past comments, I figured I'd let you know, it is the News and Observer.
Posted by: Rev. BigDumbChimp | May 28, 2008 9:49 AM
More info here and here
Posted by: Coturnix | May 28, 2008 11:09 AM
I'm also surprised that this happened in my hometown.
I'm guessing that something happened in the investigation that made the cops mad at both people. Maybe the two suspects were both on something that made them a bit uncooperative, so the cops decided to book them on "false" charges as punishment.
Posted by: Reed A. Cartwright | May 28, 2008 11:51 AM
I am not surprised in the least. I live in the triangle and not too long ago was harassed by one of the local cops. A Cary policeman owns a bagel shop next to a business where I worked and complained night and day to his customers, my customers, and my boss about an "Atheist" hat I used to wear to work...until my boss decided to forbid it...As progressive as this area likes to pretend...it can still be just as backwards as any small town in Arkansas.
Posted by: Parker Thomas | May 28, 2008 12:20 PM
This doesn't excuse having the law on the books, but in defense of the police: Sometimes they can't determine exactly what's going on at the scene and just arrest everyone to sort it out in a more controlled environment. I've seen the police do it when there is no clear story and things are about to get out of hand, usually in murky domestic violence or mental illness complaints. Is that right? Of course not, but their options are pretty much limited to convincing the parties to go to the station, arresting them, or calling bullshit and leaving.
Posted by: bullet | May 28, 2008 1:29 PM
So, police who have a personal distaste for homosexuality are simply going to refuse to enforce rape and sexual assault laws in regards to homosexual acts? I wonder if they realize how deep a whole they've dug themselves with this.
Posted by: Julian | May 28, 2008 1:43 PM
Most North Carolina cities are purple. It's not either/or.
Posted by: Bill in NC | May 28, 2008 4:25 PM
The bonus points for the novel disembowelment threat should have been worth a Get Out of Jail Free card. Bad form for the cops.
Posted by: Gingerbaker | May 28, 2008 5:35 PM
I see CYA comin from both sides.
Posted by: wrpd | May 28, 2008 8:16 PM
They don't care. Don't even think for a minute they care. Then you won't be disappointed for one minute when you find out that they don't actually care.
Posted by: Moses | May 28, 2008 9:02 PM
I live in Raleigh, and my experience is that the cops here are about the same as anywhere else, 10% law & order, 30% do it cause i said so, 30% lets raid someones house, and 30% assholes. They particularly seem to like ticketing college kids and setting up checkpoints in the suburbs instead of patroling downtown, you know, where the actual crimes occur.
I know the Durham police are particularly bad, and are pretty fond of no-knock warrants for mundane things like poker games.
Posted by: random guy | May 29, 2008 1:40 AM
Josh:
I have tried to get a copy of the police report but only was able to get the public version which say nothing.
The DA did give me, verbally, the police's version which states that the two men, who knew each other because they both work in the same shopping center, met at a bar at the shopping center. Both were drinking. They went back to Mr. Sloans apartment, only a mile away. The continued to drink and talk. They began fooling around, Mr. Flynn started getting rough, then violent. Mr. Sloan stated that he turned into a deamon. Flynn penetrated Sloan briefly, Sloan pulled away, Flynn went to kiss Sloan and bit him on his lip. Flynn, who was very drunk passed out. Sloan woke him and asked him to leave because he wanted to get some medical attention for his lip. Flynn refused and said that he was goiing to sleep there for the day. Sloan called the police and told them that Flynn had sexually assaulted him.
Mr. Sloan's version is about the same as the Police's version.
Charges will be dropped by the DA. Here is Sloans press release
Press Release from the Desk of Nelson Keith Sloan
The DA office has decided not to press charges for my recent arrest for "crimes against nature" We did ask the DA to allow the case to go forward and allow an appeals court rule on the constitutionality of the Statute since there seems to be some disagreement on its application with the Police Department and the Legislature ( who has refused to remove the statute after the Lawrence v Texas Supreme Court Decision.
"I am grateful that the DA's office has a better understanding of the Constitution than the Raleigh Police Department, 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 $450.00 since that is how much it cost me to get out of jail"
Thus far, the DAs office and the Police Department have been unclear on how Mr. Sloan can recoup his bond money for a wrongful arrest.
Nelson Keith Sloan
Posted by: Alan Stephens | May 30, 2008 4:00 PM
Charges have been dropped.
Posted by: Coturnix | May 30, 2008 10:46 PM