time to set the record straight and clear up some public misconceptions
about entrapment and public sex.
Whether we like it or not there are many people in the law enforcement
community who are homophobic and who want to use their immense power to
harass and arrest LGBT people, especially gay men. Not all police are like
this, but it only takes one bad apple to spoil the bushel. Unfortunately,
the number of bad apples in this instance could fill an orchard.
Police used to serve different functions and in many communities they served
as peace officers, keeping things running smoothly and building relationships
with neighbors and community groups. Nowadays, in most places, people are
afraid of the police. We hear about excessive use of force, profiling,
illegal searches, corruption and entrapment. Understandably, the public
trust in the police force has plummeted. Minorities have a very strained
relationship with law enforcement because of a dramatic lack of exposure
to our communities, lack of diversity training and lack of empathy for
the diverse populations police serve.
The issue is entrapment and police misconduct, not public sex. Nine times
out of 10, the cases you hear about do not involve sex at all. They involve
cruising, which is legal, healthy and done all the time by men and women
of all sexual orientations.
This is what police do: They dress up their youngest, cutest officers and
set them loose in the cruisy area with explicit instructions on how to
make an arrest. They will stare seductively and make gestures to men that
suggest they are interested in sex. Even straight men would take the bait
if a young pretty woman flirted this way with him in a public place.
Police sometimes characterize the arrests they make at parks and rest areas
as curbing “public sex” or use more inflammatory charges like “indecent
exposure,” “gross indecency” or “lewd conduct.”
Most often men who are arrested in these cases did nothing illegal. They
may have had a conversation about sex with an undercover officer whose
job it was to seduce men to break the law. Conversations about sex are
not illegal unless they involve a minor or money.
Police know that being charged with such crimes is humiliating so most
gay men don’t fight the charge. They plead guilty just to make it
go away faster. That is why many police keep doing it. We have seen some
police agencies unnecessarily offer the names of these men for publication
in the media or call their employers or homes about the arrest. This is
blatant bigotry and harassment that has led to ruined careers, families
and even some men taking their lives. The American Family Association supports
these witch hunts, which should tell you more about what is going on here.
Some police even affectionately call these sting operations “Bag
a Fag” campaigns. One group of police even printed “Bag a Fag” T-shirts.
Very few groups or individuals will actually endorse sexual activity in
public. But what is public sex? Kissing? Making out behind a tree? A one-minute
indiscretion in the car?
Most people in polite company would say they think public sex is tacky
and they would not support it, but realistically most people really don’t
care as long as they don’t have to see it or as long as it is not
too blatant. My feelings are inline with the public on this — I recognize
public sex is against the law but I also believe police frequently enforce
the law differently based on the sex and sexuality of the “offender.”
Straight couples usually get sent home, lesbian couples frequently get
met with curiosity and voyeurism, while gay male couples are regarded with
disgust. Hence, people are more likely to support a crackdown on any gay
sexual expressions in public. Uniformed officers should be able to catch
public sex, but many police outfits are not interested in deterrence, they
are interested in busting queers. They claim to receive public complaints,
but every time we ask for copies under the Freedom of Information Act,
they never can seem to find them.
Entrapment is illegal and should be punished. Police may say they are deterring
crime but there is no evidence to back this up. I have trained over 700
police officers and several have told me directly that they know that undercover
operations do not deter crime. But they do help to raise money and instill
terror in the hearts of gay men. Any time police initiate the conversation
or work to get someone to break the law, they are acting illegally and
unethically. All they prove is that good people will break the law if enticed
to do so. How is this making communities safer?
They shouldn’t be there in the first place. In North Carolina, EqualityNC
will point you in the right direction for legal counsel regardless of how
messy the details are. They won’t turn away an individual because
they used poor judgment or because he lives his life in a way that others
would disapprove of. If that was the case, no one would be served. To turn
your back on people in our community when they need us the most, because
they might “give our community a bad name,” is simply unacceptable.
If we allow even one portion of our community to be left out in the cold,
then who is next?
We should all be opposed to police entrapment, period. With no qualifiers.
If you disapprove of cruising, fine. But you must also disapprove of rogue
police who break the law in order to target vulnerable populations.
Sean Kosofsky is director of policy for Triangle Foundation in Detroit,