NC State tennis player charged with ‘crimes against nature’


See the Q-Notes Nov. 17 issue for the editorial: “Oral Sodomy & Tennis.”

DejonBivensA member of the North Carolina State University tennis team has been charged with ‘crimes against nature’ after allegedly performing oral sex on a sleeping team mate.

Nineteen-year-old Dejon Bivens (pictured right), a freshman and graduate of Charlotte Country Day High School, was arrested on Oct. 27 and charged with “crimes against nature.”

According to The Technician, NC State’s student newspaper:

The victim was having a party in his apartment the night of the incident, and he told police that he went to bed around 3 a.m. on Oct. 27.

Upon entering his room, he said he found the suspect sleeping in his closet. The victim stated that once he was in his bed, he heard the suspect leave the closet and lay down on the floor next to the his bed.

The victim told officers that he awoke at 5 a.m. and found Bivens leaning over him, performing oral sex.

The victim fled the bedroom to inform others in the apartment of the incident. He then went back into his bedroom, found Bivens pretending to be asleep, and began striking him.

NCStateTennisTeamThe “crimes against nature” charge is a Class I felony in North Carolina, and historically used to prosecute gay men engaging in consensual sexual relations. The law states, “If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.”

Pictured right: The N.C. State University 2007-2008 Tennis Team

According to the N.C. Gay Advocacy Legal Alliance (NCGALA) legal guide, “‘Crime against nature’ has been defined by North Carolina courts as ‘sexual intercourse contrary to the order of nature,’ including all ‘acts of bestial character whereby degraded and perverted sexual desires are sought to be gratified.’ While this definition is incredibly broad, enough so that it could conceivably include masturbation or sexual positions once thought “unnatural,” the CAN law is now only used in cases involving oral sex (fellatio and cunnilingus) and anal intercourse.”

See the Q-Notes Nov. 17 issue for the editorial: “Oral Sodomy & Tennis.”


Comments
9 Responses to “NC State tennis player charged with ‘crimes against nature’”
  1. KipEsquire says:

    I’ve bumped into this NC law before, and it strikes me as a statute that is not facially unconstitutional, but can easily be unconstitutional “as applied” (i.e., to criminalize conduct that is expressly protected by Lawrence and its progeny).

    So the question then becomes: why haven’t NC’s politicians reworded the statute to remove the potential “as applied” difficulties.

    (Note: That’s a rhetorical question.)

  2. Matt Comer says:

    Kip… It is a good question and one that has certainly been asked of North Carolina legislators before.

    In my editorial in the Nov. 17 issue of Q-Notes, I’ll address teh NC CAN law as it applies to this case and why I think this isn’t necessarily the criminal charge that should have been put on this boy.

  3. KipEsquire says:

    Sure. “Battery” comes to mind, not to mention “sexual assault” and a few others. =)

  4. jay adams says:

    He should be kicked off team and be charged with rape.. what if it was a female and she woke up with him on top of her, it would be different. Why ….. thats crap

  5. RG says:

    My question is for all of the respondents, whatever happened to “innocent until proven guilty”? I have a feeling this case will be the exact opposite of the Duke case, and with or without evidence they’ll find him guilty. Even if by some minor miracle the charges are dismissed, I guess no one has given thought about how this young man’s reputation and his life has been changed forever.

  6. Helena says:

    I honestly feel that this young man was set up. Who the hell sleeps while someone is taking off your pants??? I don’t care how drunk you are that will awake ANYONE. I hope the truth comes out soon!

  7. CHAKA says:

    Ithink the young man was set up also. First of all why wouldn’t you question the young man for being in your closet. Secondly, how did his clothes get off and why didn’t you tell this black boy to get out of your room and go in the room with the rest of the team. This young man had a bright future and they are trying to ruin it.

  8. Bob says:

    THE REAL STORY:
    The victim was having a party in his apartment the night of the incident, and he forgot to tell the police that he asked Bivens to meet him in his room because he was interested in him. Entering his room, he and Bivens began to get intimate with each other. They were in his bed, and while they were having a moment, he heard the door opened and realized that they were busted in the act where Bivens was performing oral sex. The person that walked in on this awkward position was in shock and disbelief fled the bedroom to inform others in the apartment of the situation. Now, his secret about his sexuality about to be known, he went behind the person to stop it but the secret got out and now everybody knew. To savage his reputation, he made everyone believe that he is a victim. With everyone knowing of this incident, he went back into his bedroom, found Bivens pretending to be asleep, and began striking him. Now, this sounds more like the truth to me. First, I would not get up and fled my room after finding some other male performing oral sex on me. I would have manned up and pounced on him like nothing. With the pounding I was giving, everybody and their parents would know what happened. This is a set up. Two gay person undercover got busted in the act.

  9. GASPING says:

    There is no question that this young man did it. TRUST i know him very well.

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