NCSF on Twitter   Subscribe to the NCSF RSS Feed   NCSF Blog

Affirmation of Michael Thomas Fois

AFFIRMATION OF MICHAEL THOMAS FOIS

 

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION: FIRST DEPARTMENT

----------------------------------------------------------------------- x

THE PEOPLE OF THE STATE OF NEW YORK, Indictment No.

Plaintiff-Respondent, 10938/96

 

-against-

 

OLIVER JOVANOVIC,

Defendant-Appellant.

----------------------------------------------------------------------- x

 

 

 

AFFIRMATION OF MICHAEL THOMAS FOIS

 

 

Michael Thomas Fois, an attorney admitted to practice in front of this Court, affirms and states

under penalty of perjury, the following:

 

I represent the National Coalition for Sexual Freedom ("NCSF") and file this affirmation in support of the NCSF's request for leave to file a Memorandum of Law as amicus citriae in the above-captioned matter.

2. The NCSF is a not for profit organization, founded to defend the right of

American citizens to individual autonomy and privacy in the sexual sphere. The NCSF, in ser-vin- these ooals, opposes Governmental regulation of adult consensual sexual interaction and discrimination based upon sexual orientation. Among the sexual practices which the NCSF seeks to protect is consensual sadomasochistic conduct; conduct which is engaged in by a significant, albeit silent, community.

3. On July 7, 1999, the NCSF received the section of the District Attorney's Brief in

the above captioned matter titled Point XI: The Trial Court Properly Instructed the Jury

that Consent is Not a Defense to Assault (Answering- Defendant's Brief, Point X). In that

section, the District Attorney argued for nothing short of an absolute ban on consensual

sadomasochistic conduct. The trial court's ruling, and the position urged by the District

Attorney, if allowed to stand, would criminalize private consensual sexual conduct.

4. The interests of the NCSF, its membership and constituents, are not adequately

represented by either the prosecution or the defense. The District Attorney's position

would subject NCSF members to persecution and prosecution for private consensual

conduct; the defendant's arguments are such that this Court could overturn the conviction

without addressing the trial court's ruling, that consent is not a defense to a charge of

assault.

5. The NCSF voices no opinion as to the quantum of evidence below. the credibility

of the witnesses or the validity of the char-es as applied to appellant. The NCSF takes no

position on the ultimate disposition of the case, and does not opine as to whether the record supports a finding that the trial court's ruling, constitute harmless error.

 

Dated: New York, New York

January 1999

Respectfully submitted,

MICHAEL THOMAS FOIS

Attorney for Amicus Curiae

National Coalition for Sexual Freedom, 381 Manhattan Ave.

Brooklyn, New York 11211 (212) 353-8984