South Carolina Man Challenges Sex Offender Status For Being Convicted Of Having Consensual Gay Sex 20 Years Ago

Posted January 1, 2022 by Zach with 4 comments

American bigotry continues to haunt and destroy lives, even after the country has attempted to undo hateful and discriminatory actions from just a couple of decades ago. In this instance, it’s a man who was convicted of having consensual gay sex in 2001 (yes, America was a homophobic shithole as recent as this century), who’s still forced to register as a sex offender for that now unconstitutional conviction. He’s suing to have the sex offender registration requirement removed:

A South Carolina man convicted 20 years ago under the state’s anti-sodomy law has filed a lawsuit challenging his status as a sex offender. The man, identified only as “John Doe” in the lawsuit, said he was convicted in 2001 under South Carolina’s “buggery” law for having consensual sex with another man. The law prohibited certain sex acts traditionally associated with homosexuality. The man said his partner was also convicted of the offense.

The South Carolina law, as well as similar anti-sodomy laws in other states, was rendered invalid after the U.S. Supreme Court determined in 2003 that Texas’ anti-sodomy law was unconstitutional.

The man received a pardon for the offense in 2006, but he remains a registered sex offender as a result of the conviction, the lawsuit states.

Attorney Matthew Strugar said his client’s sex offender status has had a profound impact on his life. He is required twice a year to report to the local sheriff’s office and provide detailed information about himself — his permanent and temporary residence, his place of employment, vehicle information, fingerprints, palm prints and every account he has used online. He had to file an administrative lawsuit after he was denied a professional license because of his sex offender status, according to Strugar.

[Post And Courier: SC man challenges sex offender status for conviction under anti-sodomy law]