GrainneDhu
Verified Expert
- Joined
- Jun 11, 2010
- Messages
- 5,159
- Reaction score
- 58
I know that sex crimes, especially those in which children are the victims, are often "resolved" by allowing the perp to plead down to a lesser charge...something like indecent exposure or possibly public urination. This is a travesty of justice, but it happens a lot. A DA is going to look at a case of a pervert exposing himself or masturbating in public, or even if he observed getting naked with a child and think " how can I prove this and get a conviction?". If the perp claims he was simply urinating, even if this is a ridiculous excuse, a DA might chose to accept that plea instead of risking a jury not believing a victim or witness.
I would never trust a thing an RSO says. Someone who did plea down to public urination is always going to claim that's all he did to get on the list.
I say anyone who pulls it out in public for any reason isn't to be trusted. Let the men find a bathroom, just like the women do...they can wait!
MOO
The problem is that in Iowa, there was no "public urination" charge. So LE charged it as "lewd and lascivious" conduct. Back before gay civil rights were established, any conduct between two men that a given police officer felt uncomfortable with was also charged as "lewd and lascivious" conduct. Even for something as innocuous as sitting in a bar that tolerated gay patrons and staring into another man's eyes (no, I'm not exaggerating).
And yes, I'm sure that some of the men charged with "lewd and lascivious" were plea bargaining down or actually guilty of some action that an ordinary person would describe as lewd and lascivious.
Now, I grew up in Iowa City, which has a major university. Approximately 20K students from 18-22 years old. Back when I came of age, the drinking age was 18, so that meant there were lots and lots and lots of students who were living away from home for the first time and legally able to drink!
Believe me, Friday and Saturday nights were not a pretty sight.
To this day, about one third of the businesses in downtown Iowa City are bars (or restaurants that serve alcohol). Since each establishment has a maximum number of customers allowed inside, many of the downtown bars that are close to the university had cover fees.
That contributed to the public urination problem. Students would drink a lot of beer in one bar, decide to go somewhere else and then get caught short when they couldn't get into a bar due to the need to wait for someone in that bar to leave.
My own brother came thisclose to being charged with "lewd and lascivious" for public urination in an alley on a Saturday night. He just happened to finish first but his two buddies weren't as quick and they were both charged.
I am absolutely certain that all they were doing was peeing in the alley. Those two grew up with my brother and I've known them for most of their lives. They were not committing a sex offence. If they'd been charged with "criminal stupidity" I would have no quarrel with the law.
This was years before the registered sex offender list was created. Back then, it was easier and cheaper just to plead guilty and get slapped with the $20 fine.
Then the registered sex offender list was created. And all those men who had convictions for "lewd and lascivious" conduct were suddenly hit with a new penalty, in some cases up to 50 years after the original conviction.
So, due to where I grew up and what I know from living in the state, I do regard the Iowa sex offender registry as a SNAFU.
And public urination just doesn't fit as a sex offence to me. Drunk kids out on a Friday night with little or no access to bathrooms shouldn't be charged as sex offenders.