Update: Eugene Delgaudio Tells U.S. Court: "Virginia Courts Should Not Allow Adult Men To have Sex with minor children"
Public Advocate is the lead group in requesting the filing of an amicus brief in the U.S. Court of Apeals case of TIM MOOSE, Petitioner, WILLIAM SCOTT MACDONALD, Respondent.No.12-1490.
Public Advocate along with Senator Richard Black and Delegate Bob Marshall, and others, have prepared a federal brief through the counsel of attorneys Herb Titus and William Olson and others to convince a U.S. court that Virginia should not allow adults to have sex and other bizarre acts with minor children.
Public Advocate's brief argues in lay terms, that if a lower court decision stands, Virginia and the entire population of children are at risk to attacks by adult men and women who prey on young victims. The current ruling, if allowed to stand, decriminalizes one aspect of child sexual abuse.
Public Advocate in its summary of argument in the federal amicus brief may say in a final draft, in part it was wrong for the Fourth Circuit to rule that the Virginia "crime against nature" statute is unconstitutional and that the 2003 Lawrence V. Texas ruling in the Texas anti-sodomy statute had anything to do with the Virginina "crime against nature" statute.
Public Advocate will argue that, indeed, the Virginia Assembly does not have to redraft its "crime against nature" law in order to prosecute a 47 year old man for solicitation of a 17 year old girl to perform a deviant sexual act.