Attorney General Ken Cuccinelli has doubled down in his private battle to restore anti-sodomy laws to Virginia with the launch of a new website Keep Virginia Kids Safe, found at the charming web address, vachildpredators.com. The website equates sodomy and pedophilia, claiming 90 child predators who were convicted under the statute will be set free if the Supreme Court does not restore Virginia’s Crimes Against Nature Law:
18.2-361. Crimes against nature; penalty.
If any person carnally knows in any manner any brute animal, or carnally knows any male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, he or she shall be guilty of a Class 6 felony.
When the Supreme Court handed down their decision in Lawrence V Texas in 2003, overturning Texas’ anti-sodomy laws, the Virginia legislature recognized their Crimes Against Nature statute was unconstitutional, and tried to bring it into compliance by adding a consenting adults exception. Newly elected State Senator Ken Cuccinelli led the resistance and killed the changes in committee, so all these years, the law has remained on the books. For more than a decade now, Mr. Cuccinelli has been scheming to get that law, and the issue of sodomy back in front of the Supreme Court.
As Attorney General, Cuccinelli purposefully used the unconstitutional Crimes Against Nature Law he protected as a young state senator, to charge a 47-year-old man who solicited oral sex from a 17-year-old female. He had many other choices, but he chose Virginia’s Crimes Against Nature Statute hoping he could finally put the Lawrence decision back in the spotlight. As expected, a federal appeals court rejected the sodomy charge, and as expected, Cuccinelli filed an appeal to the Supreme Court. The Court refused to grant certiorari, but Cuccinelli still hasn’t given up.
Cuccinelli is running for governor at the moment, and his new website tries to trap his opponent, Democrat Terry McAuliffe, into appearing soft on crime against children. The website claims McAuliffe is unconcerned that 47-year-old man whose case was reversed by the appeals court, will go free if the Supreme Court doesn’t restore Virginia’s ability to make sodomy a crime. Cuccinelli seems to miss the bright neon logic that he himself was guilty of endangering children when he knowingly used an unconstitutional law to prosecute offenders. A responsible prosecutor would have used one of the many Virginia statutes he knew would pass muster, and not purposely have given convicted pedophiles grounds for appeal.
So far, McAuliffe seems to have avoided the trap, saying through a campaign spokesman:
“Everyone supports strong laws to protect children and, like most Virginians, Terry believes our laws should be updated to both conform with court rulings and allow prosecution of predators.”
Photo from Mr. Cuccinelli’s Facebook Campaign Page
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