Court says California oral sex law violates rights - GoFuckYourself.com

Sarah_Jayne · 03-07-2006, 02:00 AM

Court says California oral sex law violates rights

SAN FRANCISCO (Reuters) - A 22-year-old Californian man who received oral sex from a sixteen-year-old girl should not be forced to register for life as a sex offender, the California Supreme Court ruled on Monday.

The state's top court found that California denied Vincent Hofsheier equal protection under the law because those having intercourse in such circumstances would not be forced to register as lifetime sex offenders.

Hofsheier appealed after being ordered to register his name on the list, which is shared with the public and carries significant stigma.

"Requiring mandatory lifetime registration of all persons who, like defendant here, were convicted of voluntary oral copulation with a minor of the age of 16 or 17, but not of someone convicted of voluntary sexual intercourse with a minor of the same age, violates the equal protection clauses of the federal and state Constitutions," the court ruled.

"We perceive no reason why the legislature would conclude that persons who are convicted of voluntary oral copulation with adolescents 16 to 17 years old...constitute a class of 'particularly incorrigible offenders'... who require lifetime surveillance as sex offenders."

U.S. law on oral sex has evolved over the years, and it was not until 1975 that oral sex between consenting adults was decriminalized in California. Today, in 38 of the 50 U.S. states consensual sex with a 16- or 17-year old is legal.

In the case, Hofsheier pleaded guilty and received probation after meeting the teenager in an Internet chat room and sharing rum and orange juice with her at a beach.

The California Supreme Court's decision returns the case to a lower court to decide whether he should still be subject to registration under that court's discretionary authority.

http://news.yahoo.com/s/nm/20060306/...california_sex

pr0 · 03-07-2006, 02:05 AM

He didn't get on the list, but he got his name on front page news!

Congrats!

Jakke PNG · 03-07-2006, 02:11 AM

Quote:

Originally Posted by pr0

He didn't get on the list, but he got his name on front page news!

Congrats!

Atleast his friends know he got head from a 16-year old. Sweet.

Sofa King · 03-07-2006, 02:12 AM

Quote:

Originally Posted by pr0

He didn't get on the list, but he got his name on front page news!

Congrats!

I was just thinking the same thing. No need to register when every google search from now until eternity will bring up this article.

Jakke PNG · 03-07-2006, 02:17 AM

Quote:

Originally Posted by Sofa King

I was just thinking the same thing. No need to register when every google search from now until eternity will bring up this article.

Are you people serious? I thought pr0 was joking.

Now.. all that paper says he got head from a 16 years old, which is legal (and probably nobody thinks twice of it)

..against being labeled sexual offender for the rest of his life?

Damian_Maxcash · 03-07-2006, 02:28 AM

The whole 'sexual preditor' law is fucked up - here and in the US.

Can I see an answer though? - no

reynold · 03-07-2006, 03:09 AM

whatever happened to statutory rape?

03-07-2006, 02:00 AM	#1
Sarah_Jayne Now with more Jayne Industry Role: Join Date: Dec 2002 Location: Los Angeles Posts: 40,077	Court says California oral sex law violates rights Court says California oral sex law violates rights SAN FRANCISCO (Reuters) - A 22-year-old Californian man who received oral sex from a sixteen-year-old girl should not be forced to register for life as a sex offender, the California Supreme Court ruled on Monday. The state's top court found that California denied Vincent Hofsheier equal protection under the law because those having intercourse in such circumstances would not be forced to register as lifetime sex offenders. Hofsheier appealed after being ordered to register his name on the list, which is shared with the public and carries significant stigma. "Requiring mandatory lifetime registration of all persons who, like defendant here, were convicted of voluntary oral copulation with a minor of the age of 16 or 17, but not of someone convicted of voluntary sexual intercourse with a minor of the same age, violates the equal protection clauses of the federal and state Constitutions," the court ruled. "We perceive no reason why the legislature would conclude that persons who are convicted of voluntary oral copulation with adolescents 16 to 17 years old...constitute a class of 'particularly incorrigible offenders'... who require lifetime surveillance as sex offenders." U.S. law on oral sex has evolved over the years, and it was not until 1975 that oral sex between consenting adults was decriminalized in California. Today, in 38 of the 50 U.S. states consensual sex with a 16- or 17-year old is legal. In the case, Hofsheier pleaded guilty and received probation after meeting the teenager in an Internet chat room and sharing rum and orange juice with her at a beach. The California Supreme Court's decision returns the case to a lower court to decide whether he should still be subject to registration under that court's discretionary authority. http://news.yahoo.com/s/nm/20060306/...california_sex

03-07-2006, 02:05 AM	#2
pr0 rockin tha trailerpark Industry Role: Join Date: May 2001 Location: ~Coastal~ Posts: 23,088	He didn't get on the list, but he got his name on front page news! Congrats! __________________ __________ Loadedca$h - get sum! - Revengebucks - mmm rebills! - webair (gotz sErVrz)

03-07-2006, 02:28 AM	#6
Damian_Maxcash So Fucking Banned Join Date: Oct 2002 Location: MaxCash.com Posts: 12,745	The whole 'sexual preditor' law is fucked up - here and in the US. Can I see an answer though? - no

03-07-2006, 03:09 AM	#7
reynold Too lazy to set a custom title Join Date: Oct 2002 Location: Global Traveler Posts: 51,271	whatever happened to statutory rape?