R. Kelly‘s lawyer says Brooklyn federal prosecutors should drop some of their sex crimes charges against the disgraced singer — because a state law prohibiting people with sexually-transmitted diseases from having intercourse is “unconstitutional.”
In a motion filed in Brooklyn federal court Monday, Kelly’s lawyer argues for dismissal of several counts against the singer that are based on a New York law that says it is a criminal offense for someone who knows they have an “infectious venereal disease” to have hook up with another person.
Steve Greenberg, Kelly’s lawyer, argues that the New York law, which has as been on the books since 1943, is an invasion of privacy that “makes it illegal to have private, consensual sexual intercourse.”
“This statute is facially unconstitutional. It prohibits sexual intercourse by anybody who has an STD. The definition is vast, ranging from HIV to yeast infections … It includes HPV and ‘scabbies,’” Greenberg writes.
“The only requirement is that the individual knows that they have the venereal disease. In other words, it prohibits two consenting adults from having sexual intercourse if either, or both, know that they have an infectious venereal disease,” he continues.
“It does not require that the disease be passed on, nor does it allow the consenting adults to have sexual intercourse if the venereal disease is disclosed beforehand. It does not permit the use of a condom, or account for modern day suppression drugs.”
Faith Rodgers, one of Kelly’s alleged victims, claims in a Manhattan lawsuit that the “I Believe I Can Fly” singer gave her genital herpes without informing her that he was carrying the disease.
Rodgers’ accusations have formed the basis for some of the charges Kelly faces in Brooklyn, which includes racketeering, sexual exploitation of minors and transporting females across state lines for the purposes of having sex.
Kelly, 53, has denied having genital herpes. But prosecutors allege in court records that his medical records show that he had an “infectious venereal disease” during the time that he was having sex with Rodgers.
Kelly is scheduled to go to trial in July for his Brooklyn case. He also faces criminal charges in Chicago and Minneapolis.
The US Attorney’s Office in Brooklyn declined to comment on Greenberg’s motion.
