OMG, People are F...ing stupid!

[GT98]

Well, I think he got more than an oral favour - he was charged with sodomy.

Well sodomy can mean anything besides vaginal penetration

[gt40]

http://dictionary.law.com/default2.asp?selected=1971&bold=%7C%7C%7C%7C

[Jessterw]

I was generalizing, but that makes it even worse. I imagine the unedited video would be gut wrenching to watch. Sadly, I don't doubt it will end up on the net as some sex video.

[gt40]

That brings up a question,
does ABC news get an edited video, and then edits it for the news, or are they given an edited version from the police?
Hopefully the latter, I really don't think it wise to have an uncontrolled copy available to the public.

[Dr Mordrid]

I believe most states have an "open records act".

Because this video will end up being evidence, and all evidence not sealed by the court is a public record, it'll probably be made available to whoever wants a copy and pays whatever fee they charge in that city.

The exception would be if the defendent or witness is a minor, in which case evidence is often sealed. Unfortunately for this young lady she is 18 and therefore an adult, as are the defendants in the case.

Even if the judge tries to seal it the appeals court will likely overturn him.

Dr. Mordrid

[Gurm]

Well, I think he got more than an oral favour - he was charged with sodomy.

A blowjob, in most states, is considered to be "sodomy". Yeah, 40+ out of the 50 states equate a blowjob with anal sex. *shrug*

[gt40]

you're right:

November 2, 2005 Courier-Journal A teenager who was strip-searched in April 2004 at the Mount Washington McDonald's where she worked is objecting to terms of the plea bargain struck for the man who admitted sexually humiliating her. As part of the agreement, Walter Nix Jr., 43, pleaded guilty last month to unlawful imprisonment and sexual misconduct, and was to be sentenced today in Bullitt Circuit Court to one year's probation under those charges. But Louise Ogborn, 19, who was forced to sodomize Nix as part of telephone hoax at the store on April 9, 2004, objects to portions of the deal that allowed him to deny wrongdoing and to avoid registering as a sex offender, according to lawyers for both sides. "The deal will not go through," said William C. Boone Jr., Ogborn's co-counsel. Nix's lawyer, Kathleen Schmidt, said she will ask Judge Tom Waller to enforce the plea agreement today. If he doesn't, Nix will have the option of withdrawing his plea and going to trial, or accepting an agreement with harsher terms. Nix had been charged with sodomy and assault, which carry penalties of up to 20 years in prison. Nix has claimed he was duped into humiliating Ogborn by a man who called the McDonald's pretending to be a police officer investigating a theft. Nix was engaged at the time to the store's assistant manager, Donna Jean Summers, who, at the behest of the caller, had taken away Ogborn's clothes before calling Nix in to help watch the teen. Nix has said the man on the phone ordered him to direct Ogborn to do exercises in the nude and perform oral sex on him. He said he also slapped her several times on the buttocks at the direction of the caller. Ogborn was detained for nearly four hours in the hoax, which was one of 70 perpetrated in 32 states from 1995 through last year. A private prison guard, David N. Stewart, of Fountain, Fla., was charged in July 2004 with impersonating a police officer and soliciting sodomy in the Mount Washington case. He has pleaded not guilty and is set for trial Dec. 13. ABC Primetime is scheduled to broadcast a segment Nov. 10 about the Mount Washington case, according to Yater, who said Ogborn was interviewed for it last week by a producer and reporter John Quinones.

I wasn't aware that oral sex was classified as 'sodomy'.

I thought I'd post this just to clarify to many of us who mistakingly thought 'sodomy' was actually sodomy

[Dr Mordrid]

FYI the few remaining consensual sodomy laws in the US were invalidated by the 2003 Supreme Court decision Lawrence v. Texas.

Previous to this only 4 states had such laws and were still enforcing them. In the remaining states eitther they weren't being enforced or the State Supreme Courts had already invalidated them.

Sodomy can still be charged if the act was part of a sexual assault.

Dr. Mordrid

[schmosef]

I've been confused about this since an episode of L&W:SVU where the assailant was accused of "oral sodomy"...

[Dr Mordrid]

This statute from New Mexico is fairly typical;

Sex Offense - Forcible

A. Forcible rape - The carnal knowledge of a person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).

B. Forcible sodomy - Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

C. Sexual assault with an object - The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

D. Forcible fondling - The touching of the private body parts of another person for the purpose of sexual gratification. Forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

Sex Offense - Non-forcible

Unlawful, non-forcible sexual intercourse.

A. Incest - Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

B. Statutory Rape - Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Of course the age of consent varies by state. In some it's as low as 14 while in others it's 18 or anywhere in between. In several states the age of consent is higher for girls than boys.

Dr. Mordrid

[KvHagedorn]

Interesting that that most notable puritan who gave her name to the very prudish Victorian Age might in fact have been guilty of incest according to the definition of some of our states' laws. Prince Albert was her first cousin.

[DGhost]

Interesting that that most notable puritan who gave her name to the very prudish Victorian Age might in fact have been guilty of incest according to the definition of some of our states' laws. Prince Albert was her first cousin.

honestly, I think you are confusing "puritan" and "modern".

previous generations really did not have any particular beliefs against marrying relatives that are not too far off the tree. the idea of inbreeding (and thus the bias against it) is one that came from our scientific understanding of genetics and the negative impact on it.

if you want to see it in action, go to the south. there are plenty of backwater people who are not puritans and most certainly not modern who practice it.

[KvHagedorn]

Well, I seem to remember some National Geographic article about some stone age tribe in New Guinea that had a taboo against sex with a close relative, too.

The "inbred country fvck" myth is really just that. Something dreamed up by northerners so they could feel superior. There are such cases in equal proportion all over.. they might get aborted more in the NE though, true. And if you see one in the south that fits the stereotype, it's blown out of proportion.

[schmosef]

Well, I seem to remember some National Geographic article about some stone age tribe in New Guinea that had a taboo against sex with a close relative, too.

The "inbred country fvck" myth is really just that. Something dreamed up by northerners so they could feel superior. There are such cases in equal proportion all over.. they might get aborted more in the NE though, true. And if you see one in the south that fits the stereotype, it's blown out of proportion.

The lady doth protest too much, methinks