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By MACKINNETH FINGAL

HE ABOVE TITLE might well be the summary of an article by James R. Spence, attorney, entitled, "The Law of Crime Against Nature." It appeared in April 1954, North Caro-

lina Law Review.

› Author Spence in his documented article has given a good survey of the so-called "crime against nature." He divides his article into six sections, viz:

" I Introduction

History and Meaning of the N. Carolina Statute III-Interpretation of the Sta

Pamlico Sound

Cape Look Out

Law graduate of an Eastern Univsiy, Mackinneth Fingal. Washington, D.' C.. has objectively "reviewed a review" for this magazine in the article presented here. This is the first of several special legal articles

prepared by the author... His second will appear in the May-June issue.

since the first Kinsey report many people have taken a different attitude toward the homosexual and his legal, social, and economic plight. Then he launches into the North Carolina statute, pointing out that it was copied from England's statute enacted during the reign of Henry VIII. He then describes the difficulties that courts, not only in his State but elsewhere, have had in ruling upon what is the "crime against nature," "sodomy," "buggery," etc., and VI-A Proposed Statute for shows how inconsistent they have

tute by the North Carolina Supreme Court IV-Interpretations in Other Jurisdictions

V

-

Problems to be Considered in Drafting a New Statute.

North Carolina"

Thus, from divisions IV and V we get a glimpse of the laws and the court cases in other jurisdictions of the country besides North Carolina.

8

He begins by saying that ever

been."

Spence states erroneously, however, that the Georgia statute is the worst of them all. It is not. The staCute of his own state might well be the worst although the Nevada law.

mattachine REVIEW

if fully utilized, would be. Mandatory life imprisonment in Georgia remained in effect untill 1949, when it was changed thusly:

"(a) Where committed on a per-

son under the age of 16

years, a sentence to the penitentiary for not less than 10 years nor more than 30 years; "(b) Where committed on a person 16 years or more, by a sentence to the penitentary for not less than one year nor more than 10 years: "(c) Where previous conviction of plea of guilty of the offense of sodomy is alleged in the indictment and proven on the trial, by sentence to the penitentiary for not less than 10 nor more than 30 years." North Carolina, as he says, still metes out "not less than five nor more than sixty years"2 in the state where prison. Nevada, however heterosexual divorce is so easy to obtain-provides "for a term not less than one year, and which may extend to life." 3

Connecticut ranks next, of course, with a maximum of 30 years.4 Colorado used to be a tough one, but in 1939 she changed her statute from "one year" "to life"5 to "not less than one year and not more than fourteen years."6

In concluding his article, Spence does a novel thing. He drafts "A Proposed Statute for North Carolina," Briefly, this is his recommendation:

(1) Acts PER OS or PER ANUM not entered into with mutual consent by persons (and consent being no defense if other party is under 16 or is mentally incompetent, or the ravishing of a dead body: maximum of 20 years, in the discres tion of the court.

(2) Sexual copulation with an an-

imal:, maximum of 10 years.

in the discretion of the court. (3) Taking any liberties with a child under 16: maximum of 10 years. in the discretion of the court.

(4) Any heterosexual or homosex-

ual acts committed purposely in the presence of a third person or persons: maximum of 10 years, in the discretion of

the court.

(5) Acts by persons PER OS or PER ANUM other than above: misdeameanor only; provided. if committed privately by hus

band and wife, no offense.. Apparently, he patterned his proposed statute for North Carolina somewhat upon the New York law, which has been in effect since 1950. The New York law, the best of them all, is briefly as follows:

(a) 1st DEGREE SODOMY-Acts

PER OS or PER ANUM with man, woman, animal, bird or dead body, not entered into with mutual consent, or where there is force or violence or the use of drugs: felony, and maximum of 20 years. (b) 2nd DEGREE SODOMY-Per-

son over 21 with another 18, PER OS or PER ANUM, whether or not with "consent" of minor: felony, and maximum of 10 years. (c) Acts PER OS or PER ANUM. other than in (a) and (b), by consenting majors: misde meanor only.7

iCode of Ga. Annot., 26-5902 (1953) 2Gen. Stat. of N. Car., 14-177 (1953) 3Stat. of Nev. (1951), p. 525 4Gen.Stat. of Conn., Sec. 8544 (1949)) 5Colo. Stat. Annot., c48, sec 64 (1953) 6Colo. Rev. Stat., 40-2-31 (1953) 7N. Y. Penal Law, Sec. 690 (1953)