NC Sex Laws- Substantive Post #2

This scholarly article written by Christopher R. Murray discusses the need to reassess the legislation surrounding sexuality in the state of North Carolina. Murray uses the case study of Teresa Pope to argue that the vague nature of the statues allows for considerable wiggle-room for the court’s interpretation of a crime, even when case law sets precedent. As Murray explains, the state of North Carolina views sex as an act between a man and a woman, vaginally. All other forms of intercourse are considered crimes against nature. Here, a simplified chart to categorize sexual actions and the severity of their punishment:

Figure: North Carolina’s Conduct- Differentiating Solicitation Laws

The basis for Murray’s argument is that essentially any intimate act can be punished in North Carolina, even if it is consensual. He refers to a famous court case throughout the test, Lawrence V. Texas, because in that case, the Supreme Court ruled that “it holds unconstitutional statutes that would criminalize a choice between forms of sexual intimacy.” This ruling only relates to sex between two consenting adults. As Murray posits, “In short, Lawrence stands for the proposition that the state cannot interfere with an individual’s liberty interest in choosing between forms of physical intimacy. Rather, the state may only regulate sexual activity with respect to other considerations, such as the consent of the participants, the public location of the conduct, or the commercial element of intimacy-for-hire.” Therefore, minors, those who cannot legally consent (eg, those who are mentally inept, in the case of an authority balance, etc.), sex in public locations, and prostitution are not challenged by this ruling. North Carolina, however, has such vague laws that this case cannot effectively be used to justify sex between two consenting adults.

Murray believes that the General Assembly of North Carolina has the responsibility of taking on the task of clarifying these sexual laws so that people may have sexual freedom in consensual circumstances without fear of prosecution. I, myself, agree. I think that if most of us really examined our sexual histories, or the sexual histories of those we know, most of us could potentially be charged with felonies. I think that it is about time that the state stop trying to punish consensual sex and they clarify or recreate existing legislation to effectively reduce non-consensual sexual encounters and to stop punishing those who are engaging in intimate relationships consensually. What are your thoughts?

Link: http://jw3mh2cm6n.search.serialssolutions.com/?genre=article&atitle=GRAPPLING%20WITH%20%22SOLICITATION%22%3A%20THE%20NEED%20FOR%20STATUTORY%20REFORM%20IN%20NORTH%20CAROLINA%20AFTER%20LAWRENCE%20V.%20TEXAS.&title=Duke%20Journal%20of%20Gender%20Law%20&%20Policy&issn=10901043&isbn=&volume=14&issue=1&date=20070101&aulast=Murray,%20Christopher%20R.&spage=681&pages=681-692&sid=EBSCO:SocINDEX%20with%20Full%20Text:24495725