SC: Lawsuit: SC man says he still has to register as sex offender for having sex with another man

Source: live5news.com 12/22/21

CHARLESTON, S.C. (WCSC) – A South Carolina man is suing Attorney General Alan Wilson and SLED Chief Mark Keel, claiming that he still has to register as a sex offender for a buggery charge in which he says he was convicted, and later pardoned, for having consensual sex with another man.

The man, identified as “John Doe” in the lawsuit, says he was convicted for the charge in 2001, two years before the Supreme Court ruled that laws that criminalized homosexual sex violated due process and are invalid under the 14th amendment.

The lawsuit states that John Doe’s partner was also convicted of buggery.

Doe’s lawyers say their client was pardoned in 2006 for the charge, but their client is still subject to sex offense registration restrictions.

Read the full article

 

Related posts

Subscribe
Notify of

We welcome a lively discussion with all view points - keeping in mind...

 

  1. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  2. Please keep the tone of your comment civil and courteous. This is a public forum.
  3. Swear words should be starred out such as f*k and s*t and a**
  4. Please avoid the use of derogatory labels.  Use person-first language.
  5. Please stay on topic - both in terms of the organization in general and this post in particular.
  6. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  7. Please take personal conversations off this forum.
  8. We will not publish any comments advocating for violent or any illegal action.
  9. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address that are not personally identifiable.
  10. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  11. Please do not post in all Caps.
  12. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links. Posts that include a URL may take considerably longer to be approved.
  13. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  14. We will not publish any posts containing any names not mentioned in the original article.
  15. Please choose a short user name that does not contain links to other web sites or identify real people.  Do not use your real name.
  16. Please do not solicit funds
  17. No discussions about weapons
  18. If you use any abbreviation such as Failure To Register (FTR), Person Forced to Register (PFR) or any others, the first time you use it in a thread, please expand it for new people to better understand.
  19. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  20. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
  21. We no longer post articles about arrests or accusations, only selected convictions. If your comment contains a link to an arrest or accusation article we will not approve your comment.
  22. If addressing another commenter, please address them by exactly their full display name, do not modify their name. 
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

6 Comments
Inline Feedbacks
View all comments


Those who are African American and 105-years+ elderly: do you remember the “wonderful”, “grand” days when you had to register with the police as a sex offender for having intimate affairs with a Caucasian partner? Wasn’t it terrific and awe-inpsiring that it was a sex crime to marry interracially?

Well, aren’t outdated traditions a lovely thing to always hold onto…

(I hope all who read knew exactly that I was being sarcastic.)

Sex Don’t kill people. Unless you have a bad heart and die having sex #1. Than there is the heart that loves you and would never think of harming you and be by your side forever That # 2 And than there is the heart that will hurt you belittle you want to control you #3 All those hearts have one thing in common… Change..Cause nothing last forever!!!!

The scary part about that article is that a pardon couldn’t get one off the registry?! It’s supposed to be statutory, but it feels as thought it’s worse than a criminal act!

I’m actually flabbergasted that removal from the registry is not automatic under these circumstances. Some might argue that they did break the law as it stood at the time, and should be subject to all consequences. I can understand that perspective because we are required to adhere to existing statutes even if they change later.

In this case SCOTUS’s decision in Lawrence v Texas declared such laws to be a violation of constitutional rights, which were violated independent of when that Court got around to its determination. SCOTUS is ok with applying registry laws retroactively. Wrongs of a constitutional dimension are so fundamental that retroactive relief should be a no-brainer. These guys perhaps have no claim to redress previous discomfort, e.g. being dragged into court. However, they should certainly not be subject to further punishing sanctions including the registry and a RAP sheet.

Veritas.