Damico & Stockstill, Attorneys at Law

When consensual sex can still be illegal

There are many different sex crimes recognized under the law, and most people are familiar with a great deal of them. Many of the sexual acts that are treated as crimes involve sexual contact or familiarity between two people that is non-consensual, meaning that there is at least one party who does not desire any kind of sexual contact. Additionally, inability to consent may lead to a sex crime, even if both parties do desire the contact. This generally occurs with minors who are not legally allowed to provide consent, even if they desire the sexual relations.

However, many people's understanding of sex crimes stops there. A common assumption is that as long as sex is between two consenting adults, there are no legal consequences or issues to consider. Depending on the state laws regarding sexual crimes, this may not be the case. It certainly is not the case in Louisiana.

It may surprise you to learn that Louisiana has a zero-tolerance policy when it comes to sodomy. In Louisiana, sodomy laws apply to humans of both sexes, as well as animals, and it is considered a crime against nature. Those who are convicted of sodomy could face up to $2,000 in fines, and possible imprisonment of up to five years. This means that if it can be proven that you were engaged in sodomy, even if it was consensual, you could still be convicted of a sex crime.

You may believe that a harmless act of consensual sex will have no serious legal consequences, but depending on the act, you would be wrong. Even if you are engaging in sexual activity with a consenting adult, the type of sexual activity could bring you before a judge. If you are accused of a sex crime, even if the sex was with a consenting adult, it is in your best interests to consult with an attorney to help you plan your legal defense.

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