81-year-old Pennsylvania man Leroy Martin spent 22 months in jail after nursing home staff saw him engage in oral sex with a fellow resident.
Leroy Martin’s attorney described the sex to The Philadelphia Inquirer as consensual. J. Conor Corcoran claimed authorities locked his client up because he was gay.
“They were hell-bent on falsely painting Mr Martin as a sexual predator, and with a pink brush, to boot.”
According to a civil lawsuit filed by Corcoran, nursing assistants saw Martin perform oral sex on a 43-year-old resident. A supervisor then reported the incident to Pennsylvania Police as nonconsensual because the younger man previously suffered a traumatic brain injury.
However, despite being straight, that man described the sex to police as consensual.
“Only because I hadn’t been with a woman in 21 years.”
Police also interviewed another now-deceased resident who claimed he once woke up to find Martin performing oral sex on him. That man described the sex as nonconsensual.
“I like women. I don’t like men.”
The man said he did not lodge a complaint because he did not want Leroy Marin to go to jail.
However, the lawsuit contends the oral sex was consensual and the man claimed it was not out of shame. He never made any complaint himself and nursing home staff apparently compelled him to speak to police.
Leroy Martin suffers from Parkinson’s disease and uses a wheelchair. Police charged the navy veteran with involuntary deviant sexual intercourse and indecent assault in October 2019.
22 months in jail
After 22 months in jail awaiting trial, prosecutors dropped the charges. He currently lives at a rehabilitation centre after the nursing home refused to allow his return.
The lawsuit alleges false arrest, emotional distress, and negligence. Corcoran said Pennsylvanian law does not allow damages in this case for discrimination based on sexual discrimination. But he says the arrest was all about Leroy Martin’s sexuality.
“The Plaintiff’s homosexuality was outrageously, egregiously… and unlawfully treated as a crime.
“This was consensual with both men.
“If it had been an Adam and Eve story instead of Adam and Steve, they wouldn’t even have called the police.”
For the latest lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) news in Australia, visit qnews.com.au. Check out our latest magazines or find us on Facebook, Twitter, Instagram and YouTube.