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Old 11-09-2005, 06:10 PM
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Default VA sodomy statute upheld

A man who solicited oral sex from an undercover police officer in a department store bathroom has been figuratively sodomized (without Vaseline) by a Virginia appellate court.
At approximately 4:00 p.m. on March 20, 2003, Singson walked into a men’s restroom located in a department store. The restroom is freely accessible to members of the public, including children. Once in the restroom, Singson entered the handicapped bathroom stall and remained in that stall for approximately thirty minutes. Singson then left the handicap bathroom stall and approached a stall occupied by an undercover police officer. Singson "stopped in front of the stall, leaned forward,” and "peered into [the] stall through the crack in the stall door." The undercover police officer, who was in "a state of undress," asked Singson "What’s up?" and "What are you looking for?" Singson replied, "Cock." The officer then asked "What do you want to do," and Singson replied, "I want to suck cock." The undercover officer asked if Singson wanted to suck his penis, and Singson responded, "Yes." When the officer asked, "Do you want to do it in here," Singson nodded towards the handicap stall. The officer then asked if Singson wanted to suck his penis in the handicap stall, and Singson responded, "Yes."
Singson was convicted of a "crime against nature" under VA's statute, which defines fellatio as "sodomy by the mouth." Singson appealed on several grounds - giving new meaning to the expression "oral argument" - all of which were defeated, and now faces three years in state prison, where fellatio is presumably more freely available.

Singson v. Virginia (20 page .pdf file.)
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Old 11-09-2005, 06:23 PM
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Default Re: VA sodomy statute upheld

Sucking cock in a public restroom really is a crime against nature. Those places typically reek.
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Old 11-09-2005, 10:46 PM
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Default Re: VA sodomy statute upheld

Wouldn't he have to be charged with attempted crimes against nature?

Unless the police officer was mixing his recreation with his work...

At any rate, while I could see plausible reasons to prosecute him for something, I don't think that any arrest based purely on it being oral sex should stand.
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Old 11-09-2005, 11:45 PM
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Default Re: VA sodomy statute upheld

I agree. Sex acts in public restrooms could be prohibited on the basis of public health and/or indecent exposure laws. There is no reason to bring the "sodomy" nonsense into it.
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Old 11-09-2005, 11:58 PM
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Default Re: VA sodomy statute upheld

Quote:
Originally Posted by Sock Puppet
I agree. Sex acts in public restrooms could be prohibited on the basis of public health and/or indecent exposure laws. There is no reason to bring the "sodomy" nonsense into it.
Not really. Ever been into a handicapped stall? Usually it's about 5 times cleaner than the others and the doors actually lock properly. Really, this is all just bullshit.
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Old 11-10-2005, 12:28 AM
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Default Re: VA sodomy statute upheld

Whether the doors actually lock properly, it's still a public place. It seems like a well-crafted "no sex in public, period" law could stand. And the cleanliness of a particular public restroom doesn't mean that a prohibition on sex in all public restrooms couldn't make its way into the public health code without much challenge. Really, SP, you could've found a way to write that sentence without using the word "public" three times. D'oh.

The current case is pure bullshit, no question.
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Old 11-10-2005, 01:16 PM
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Default Re: VA sodomy statute upheld

Quote:
Originally Posted by erimir
Wouldn't he have to be charged with attempted crimes against nature?
He was charged with soliciting the following:
If any person carnally knows in any manner . . . any male or
female person by the anus or by or with the mouth, or voluntarily
submits to such carnal knowledge, he or she shall be guilty of a
Class 6 felony . . . .
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Old 11-10-2005, 03:37 PM
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Default Re: VA sodomy statute upheld

So I plowed through that over-long piece of junk . . . .

The Va.Ct.App. really hates the Lawrence decision and goes off on all sorts of extra tangets in dicta in order to limit its scope.

The decision should have just been about four pages long and discussed the difference between private acts and public acts. All the excess crap about standing and overbreadth was completely unnecessary.
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Old 11-10-2005, 10:17 PM
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Default Re: VA sodomy statute upheld

You mean some men actually like to have another man kiss them on the willy?
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