Lawyer: Children’s safety behind petition to uphold state’s anti-sodomy law

Posted at 11:22 PM, Jun 25, 2013

LOUISA, Va (WTVR) -- Louisa County Prosecutor, Rusty McGuire has developed a reputation for putting many sex offenders behind bars.

However, with the state’s anti-sodomy law in jeopardy, McGuire fears that some convicted sex offenders may go free.

“It puts Virginia children at risk and it's open season,” says McGuire.

McGuire tells CBS 6’s Lorenzo Hall, that’s why he’s standing behind Attorney General Ken Cuccinelli. The Attorney General filed a petition with the US Supreme Court to uphold Virginia’s anti-sodomy law.

This comes after the US Court of Appeals deemed it unconstitutional.  The panel of judges based its decision off of a 2003 U.S. Supreme Court ruling, which stated, it's unconstitutional to criminalize sexual conduct in a sodomy case out of Texas involving two adults.

However, Virginia’s law remained intact until now. The three-judge panel ruled in favor of a 47-year-old man who was once convicted under Virginia’s anti-sodomy law for soliciting a 17-year-old girl for oral sex.