Prosecutors drop sodomy charges
Published: Fri, May. 30, 2008 02:37PM
Modified Fri, May. 30, 2008 03:15PM
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closeRALEIGH — Wake County prosecutors dropped charges Friday against a pair of Raleigh men arrested last weekend for private acts of sodomy, citing a U.S. Supreme Court ruling that make such charges unconstitutional.
Nelson Keith Sloan, 39, and Ryan Christopher Flynn, 25, were charged with crimes against nature after police said Sloan called officers to his apartment early Saturday morning saying he had been attacked.
No sexual assault charges were filed. Police charged Flynn with simple assault for biting Sloan.
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After reviewing the case, Assistant District Attorney Adam Moyers said the facts showed all acts occurred between consenting adults in private. He cited the landmark 2003 U.S. Supreme Court case Lawrence v. Texas that forbids making private sexual conduct a crime.
Sodomy laws remain on the books in North Carolina. "But so is cohabitation," Moyers said.
Records show Sloan's bond was set at $3,000. He said he paid $450 to get out of jail — a typical 15 percent bondsman's fee.
"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 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 since that is how much it cost me to get out of jail."
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