Draft:Commonwealth v. Balthazar

In July 1972 Richard L. Balthazar was accused of committing an 'unnatural and lascivious act with another person.' See G.L. c. 272, § 35. 

The defendant Malvine Nathanson said, " I was on Exerter Street waiting for a friend when a blue hatchback pulled up, she thought it was her friend and she jumped into the vehicle". After getting in Balthazar pulled out a knife and she was forced to give Balthazar Fellatio and lick his anus. Belthazar later released Nathanson after she agreed to meet him again. Balthazar was later arrested at the location they agreed upon.

Balthazar's lawyer argued due to the vagueness of the law and what an unnatural and lascivious act was, the vagueness violated his constitutional rights and the due process stated in the 14th Amendment. They also contended that because she was of legal age (21) and a consenting adult that it was a private matter. 

Balthazar's Lawyers also requested to have the Judge throw out the case against Balthazar because Nathansan refused to testify in open court, the Judge stated "It was up to the prosecution to prove without reasonable doubt he was guilty" and refused to dismiss the case.

As a final gambit Balthazar tried to accuse the Judge of being unable to cure the prejudice of the Jury based on an improper argument presented by the prosucuting attorney. The jury found the defendant guilty of committing an unnatural and lascivious act but found him not guilty of assault with a dangerous weapon.

Prior to this court case, sodomy laws criminalized even consensual sex between same sex couples. Acts previously described as “unnatural and lascivious” are now permitted in privacy among consenting adults. The ruling in this case helped to decriminalize homosexuality, and alerted the public to the breach of privacy and inequality of sodomy laws.