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Benecke said that ultimately 27 women were booted out and that three, including Baum, were jailed.
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Baum was imprisoned for six months at Quantico.ĭistrict lawyer Michelle Benecke, who later wrote about the case, said she believes Baum was imprisoned to "send a message" to other women stationed with her at Parris Island, S.C., who were not cooperating with a wide-ranging probe of lesbianism. Charges were brought, Baum said, after her lover's ex-boyfriend kicked in the door of their motel room and found her in bed with the woman. For example, most gay people in the military are discharged, not imprisoned, if their sexuality is discovered, but Barbara Baum was not so lucky.īaum, a military police corporal, was convicted of sodomy in 1988. Gay rights lawyers say sodomy prosecutions can be arbitrary. felony." His daughter was forbidden to visit his home or to see him in the presence of his lover. Alexandria lawyer James Lowe said the man was a CIA employee who lived with his longtime lover.Īfter the man's ex-wife sued to regain custody of their daughter, the Virginia Supreme Court ruled in 1985 that "the conduct inherent in the father's relationship is punishable as a. The tendency of judges to equate homosexuality with sodomy cost one Virginia father the custody of his 9-year-old daughter. "Sodomy laws are used to say that gay people are criminals and, therefore, not entitled to constitutional protections," said Arthur Leonard, New York Law School professor and author of "Sexuality and the Law." Opponents say the laws are rarely used except in failed rape prosecutions and to provide legal justification for discriminating against homosexuals. She also estimated, based on 40 years of surveys, that four of every 10 heterosexuals have at least tried anal sex. "The evidence suggests that oral sex is practically universal in the United States, particularly among people under 50," said June Renish, director of the Kinsey Institute at Indiana University in Bloomington. Opponents of the laws, rooted in religious prohibitions on nonreproductive sexual activity, say they are anachronistic bans on behavior that surveys show is extremely common among both gay people and heterosexuals. The majority make sodomy a felony carrying a wide range of maximum prison sentences, including 10 years in Maryland and 20 in Virginia. Some sodomy laws retain "crime against nature" language most outlaw oral and anal sex between consenting adults. Nine states have narrowed their laws to apply only to homosexuals. Sodomy originally was banned in every state, but since 1961 the laws have been repealed or ruled unconstitutional in 26 states. Wisconsin, in 1983, was the last state to repeal a sodomy ban. If the vote is not overturned by Congress, which blocked repeal by the District in 1981, it would be the first legislative repeal of a sodomy law in a decade. The District's vote is the latest in a long line of such repeal votes across the country. Defenders of the laws counter that they rightly stigmatize homosexual activity, which many heterosexual Americans consider immoral. Groups lobbying for repeal of sodomy laws across the country say that the laws provide the underpinnings for discrimination against gay men and lesbians in a wide range of areas, including employment, child custody and housing. And in 1988, a female Marine corporal was imprisoned for six months at the Quantico Marine Corps Base for having oral sex with a woman. A Maryland man was sentenced to 18 months' probation for heterosexual sodomy in 1986. In North Carolina, a heterosexual man was sentenced to 10 years in prison and served two for having oral sex with a woman in 1988. "I had no idea that I was incriminating myself," said Moseley, now 38.Īlthough sodomy prosecutions are rare, they do occur, against both homosexuals and heterosexuals. He was sentenced to five years in prison and served 18 months before being freed in August 1989. The jury acquitted Moseley of rape, but found him guilty of consensual sodomy.
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10 YEAR OLD GAY BLOWJOB TRIAL
Charged with sexually assaulting his estranged wife, the Georgia carpenter testified at his trial that she willingly had oral sex with him. James Moseley thought sodomy laws applied only to homosexuals. Council voted to repeal this week.Ĭritics of sodomy laws say they are used largely to discriminate against gay men and lesbians, but most of those laws also apply to heterosexuals. Common sexual practices remain illegal in Maryland, Virginia and 22 other states under sodomy laws similar to the one the D.C.