March 25, 2010

IN OUR OPINION: Old law accuses sex offenders

Somehow, on a different level, using a law to create sex offenders, seems criminal in of itself!
3-25-2010 Louisiana:

Leave it to the state of Louisiana to find a legal loophole to prosecute prostitutes as pedophiles. Prostitutes can be tried as sex offenders due to an 1805 law banning "unnatural copulation," which is vague enough for prosecutors to interpret as including anal and oral sex.

According to ColorLines magazine, of the 863 people on the registered sex offender list of New Orleans, 483 were charged under this law. The majority of the city's sex offenders are not rapists or child molesters but are consenting adults. That is 483 people who are required to get a "sex offender" stamp on their license and mail cards with their name, photo and sex offender status to everyone in their neighborhood; 483 people who are required to use different homeless shelters and hurricane evacuation shelters and are barred from city events such as costumed Mardi Gras parades.

Because these "offenders" are consenting adults, one would think that being removed from the reputation-shattering list would be an easy battle to fight. However, Louisiana citizens have little hope for winning their case.

In Louisiana, if a citizen is declared a sex offender, fights the ruling and loses, that person can be required to remain on the sex offender list anywhere from 20 years to life.

The question is: how is this possible? If the act is held in a non-public place, what is offending about consensual sex between two adults, no matter the type of sex being had? What is the point of ruining the life of someone just out to get laid? Do prostitutes need to wear "buyers beware" stickers for more than possible STDs?

Whether prostitution is right or wrong is not the issue. The issue is whether or not prosecutors are wrong in enforcing the intricately worded illegalities set forth in this ancient law. These prosecutors are put in a mighty position, as people's lives are in their hands. Being named as a sex offender is a life-altering accusation, especially for someone who hasn't truly offended anyone. What happens to the prostitute's client; is he or she also named a sex offender?

It is a bit ridiculous to charge someone as a sex offender simply because he or she was paid for consensual sex with another person. Prostitution is illegal, but equating the world's oldest profession with child rape seems a bit extreme. While this law exists, its vague interpretation is reason enough for a second look. Maybe newly-elected New Orleans Mayor Mitch Landrieu-former state attorney general-is the man for the task. ..Opinion.. of Tech Talk Online

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