Massachusetts Is Still Wasting Public Resources Prosecuting Consenting Adults

Here we go again. While a couple of states and many modern countries have decided not to waste public resources prosecuting consenting adults for having sex in private with each other, Massachusetts remains one of those states that stupidly enforces unconstitutional and unjust laws. Of course, this also means outing the people who were having sex with each other to the international new media, including their pictures, and the bigots have taken to places like the Facebook account of one of the people to spew their hatred. 

The earliest coverage of this round appears to come from Cliff Clark at sentinelandenterprise.com...

FITCHBURG — A mother and her son are facing the possibility of spending 20 years in prison after being caught having sex by the man’s wife, according to police and court documents.

That first sentence tells us a lot. 

1) He was cheating on his wife.
2) They weren't careful about where they were cheating.
3) Police were willing to make this a government matter.
4) The prosecutor was willing make this a government matter.
5) The court is willing to make this a government matter. 
6) Any prison time for consensual sex is ridiculous. Twenty years is outrageous. Incest laws need an overhaul.
7) The news media thinks this is newsworthy.

We think it is newsworthy, too, because it is a waste of public resources to make this a criminal case.

Police were called to a residence on Clarendon Street on May 20 on a report of a disturbance, the responding officer reported.

Responding to a disturbance is a valid police matter. Arresting consenting adults for having sex in private isn't.

When he arrived, he was greeted by a cousin of the wife of Tony L. Lavoie, 43, of Clarendon Street.

The cousin told the officer that Lavoie’s wife had called her about walking in on her husband having sex with his mother, Cheryl Lavoie, 64, of the same address, before calling 911.

Calling 9-1-1 for, say, a physical fight might be good. If the only thing that happened was sex, it was a misuse of 9-1-1.

The officer then spoke to the mother and son separately and both acknowledged they had consensual sexual relations, with both saying it was the first time it had happened, the officer reported.

BIG mistake. Both should have refused to talk. In the US, we have the right to remain silent!

After talking to everyone involved, the officer concluded there was sufficient evidence to charge the mother and son with incest and issued them a summons to appear in district court on Aug. 20. The charge is a felony.

Absurd.

When both were arraigned last week, they were released on personal recognizance and ordered by the judge to stay away from one another, according to court documents. They both pleaded not guilty, according to court documents.

Imagine telling grown adults they can't see each other because they might have sex. I hope the judges involved in this (and the jury, if it gets to that) realize this is a waste, unjust, and unconstitutional.

They will return to court Oct. 27 for a pretrial hearing.

DISMISS THIS CASE!!! These were two consenting adults.

You can see the arrest report here: http://www.thesmokinggun.com/documents/revolting/massachusetts-family-shock-619325

Fortunately, the overwhelming majority of people involved in consanguineous sex are never arrested for it, let alone prosecuted. As we've noted before, when these situations involve cheating, there is a risk that the person who has been cheated on will involve the authorities, where there are still laws against consanguinamory.

Some of the information I read about this case indicates this might be a reunion GSA situation. Also, someone commenting on this case dug up the man's criminal record (he does have a bit of a record). But neither of those things should matter: this shouldn't have been a public issue to begin with. Cheating isn't good, but even with the cheating, this should have been a private matter, and certainly not a criminal one.