Cruising Safely - If You Are Arrested
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find the original page at
http://www.lambdalegal.org/cgi-bin/iowa/documents/record?record=119 . )
If you cruise in parks, bathrooms or other spaces open to public view,
trust your instincts, be aware of your surroundings -- and know your
rights. While Lambda Legal and other groups are fighting against the
ways police target men who have sex with men, having sex where others
might see you and take offense can subject you to arrest, publicity and
other serious consequences. If you feel unsafe, you should leave.
CRUISING SAFELY
Always carry identification in case you get hurt or arrested.
Providing your ID (driver's license, green card, passport) may
decrease your chances of spending time in jail, especially if you
don't have a criminal record. If the police stop you, they may
instead give you a summons (which tells you the charge and when to
appear in court) and let you go.
Remember cops may be "cruising" too.
Be aware that undercover cops may be "cruising" to arrest you. A
cop doesn't have to tell you he's a cop, even if you ask. If
you're cruising for sex and an undercover cop hits on you, what you
do can still be a crime. Don't count on proving the cop
"entrapped" you (which is difficult). Talk to your lawyer if you
think you were set up.
Make sure that anyone you have sex with is over the age of consent.
Having sex with a minor is a serious crime with heavy punishment.
Understand that many laws could be used against you.
Thanks to a Lambda Legal U.S. Supreme Court win, all laws that banned
consensual sex by adults in private, including oral and anal sex, have
been struck down. But other laws, like those against sex where you
might be seen by others, adultery and prostitution laws, or laws
against criminal transmission of HIV - might still be used against
you.
Be careful.
Protect yourself and others against the risk of HIV and other diseases.
Be aware of your surroundings and the possibility of being beaten or
robbed.
If you cruise on-line let someone know your plans.
Tell them where you're going, the person you are meeting, and when
you expect to be back - or write a note on your computer with this
information.
IF YOU'RE ARRESTED
Stay calm. Provide identification but don't answer any questions
without a lawyer.
Anything you say can be used against you.
Try to remember the details surrounding the arrest, including:
everything you or the officers said or did before, during and after the
arrest
the names, badge numbers and descriptions of any officers who were
present
the details of the physical space, including where you and the officers
were
the names and descriptions of anyone else who was present
Ask to talk to a lawyer
Don't make any decisions without talking to a lawyer first. The
biggest mistakes you can make are panicking, trying to get it over with
quickly by "confessing," trying to talk your way out of the
problem, or trying to deal with the police on your own. If you are not
a U.S. citizen, you should talk to a lawyer as soon as possible. A
conviction or plea agreement may affect your chances of later becoming
a citizen, or put you at risk for deportation. If you can't afford a
lawyer, you may be entitled to a public defender free of charge. Ask to
have one appointed before you make any statements to the police or in
court - it's your right.
Find a good lawyer if you don't already have one.
Your lawyer should be a criminal defense attorney, who understands the
law and the courts where the arrest occurred.
Write everything down.
Write down all the details as soon as possible, and share them only
with your attorney. Ask your attorney who else it is safe to talk to in
confidence.
Know your legal options
Make sure you understand the charges and discuss all the possible
outcomes with your lawyer, including the consequences of any plea or
conviction. These could include:
a fine
jail time
forfeiting property
having to register as a "sex offender"
effects on your military or immigration status
consequences for your employment, licensing or child custody
Tell your lawyer about any confidential circumstances.
Be sure to tell your lawyer whether you have a relationship with anyone
who you don't want to find out about your arrest.
Ask your lawyer questions, including:
Is it possible to get the charges dismissed because of conduct by the
police?
Will I have a criminal record? Are there programs to avoid one?
Could I get my record cleared at some point?
Will the record be sealed?
Do I need to take time off from work to go to court?
Get support.
It's okay to use anonymous hotlines to ask questions, and talk about
your experience. Call Lambda Legal and your local legal or
anti-violence group for help and information on finding an attorney.