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When "Consensual" Sodomy Isn't...

By Neil Shous, Esq.

Earlier this week, prosecutors charged a 20-year-old Alabama man with 12 counts of sodomy. The charges were based on acts that were committed over a nine-month period with a 14-year-old girl. The police chief acknowledged that there was no force involved in the sodomy and that both parties were willing participants, but that because of the alleged victim?s age, she could not legally consent to the behavior. Sodomy between consenting adults is legal in all 50 states. However, individuals are still subject to prosecution for illegal acts of sodomy. This includes engaging in sodomy with a minor. For example, Penal Code 286 PC, California?s sodomy law separately punishes acts of sodomy with a minor depending on the age of the alleged victim (and sometimes even on the age of the defendant)...continue to full post

Full post as published by California Criminal Defense Blog on April 01, 2010 (boomark / email).