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By Jesse Monteagudo Jesse's Journal
Laws designed to curb all forms of sex outside of procreative marriage are primarily used against sex workers and gay, lesbian, bisexual and transgender people; people whose sex lives fall outside the norm. Heterosexuals are seldom arrested for having sex in public parks, beaches, or the back seats of automobiles; something that routinely happens to gay or bisexual men. The current hysteria about child abuse and molestation has inspired a slew of legislation against child abuse, sex with minors, and "child pornography". Such laws are seldom used against the biggest group of child molesters; male heterosexual relatives of the victims. Instead, they are used against gay men who may or may not be guilty of the crime and against gay youth who are only trying to come to terms with their sexuality in the face of homophobic parents, relatives, teachers, peers and the community at large. I do not condone child molestation or abuse, nor do I defend those who are rightfully convicted of such crimes. On the other hand, there are too many cases of gay and bisexual men who are wrongfully charged and convicted of crimes against children, for no other reason than for the fact that they are queer. This seems to be the case with Mike Batey, a 32-year old Michigan man charged with criminal sexual conduct against his teenaged nephews. Sean Kosofsky, Associate Director of Policy of Detroit's Triangle Foundation alerted us to the Batey case in one of his highly informative e-mail messages. The Triangle Foundation, whose Mission is "To Promote Equality and Secure Freedom From Violence, Intimidation and Discrimination For Gays and Lesbians Throughout Michigan", is not the kind of group that would go out of its way to defend a child molester. On the other hand, the Foundation and Kosofsky are convinced of Batey's innocence, an innocence we should presume until Batey is found guilty. Here are the facts, as summarized by Kosofsky in his e-mail alert: "1) Mike Batey is being wrongly accused of sexually molesting his nephews by his homophobic sister (she also is fabricating this life-ruining lie to pull attention away from her child neglect problems). 2) What's worse, he is in a very homophobic Allegan County, Michigan [jail]. The court appointed attorney won't represent Mike because Mike is gay. His motion to replace his attorney has been ignored. His only hope is a good lawyer, but they are in need of funds. 3) Mike has been beaten by guards there at the prison and discriminated against by jail staff persons. 4) The two boys have one time recanted their allegations but have been pressured to make them again. The boys were molested by their father and the younger boy was molested by the older years ago. Now that both boys have come out of the closet as gay, the mother feels that her brother is to blame for it."
A comprehensive article in Detroit's LGBT newspaper Between the
Lines tells the Mike Batey story in greater detail:
Since his arrest on September 10, the openly-gay Fennville, MI resident was subjected to verbal and physical attacks from prison personnel, and all of his privileges were taken away. "When I first got in here I woke up at one point because I was being beat up by some guards. I couldn't walk for about three and [a] half weeks and I still have bruising on my arms and legs from this," Batey told Between the Lines. "I feel like I've already been found guilty, without being officially tried." Batey's younger nephew, who is still underage, had suffered a "nervous breakdown" and was committed to a psychiatric facility. Batey, who was "really close" to his nephew, "had a feeling that Sandy and Dave [Batey's sister and brother-in-law] would eventually wind up putting him in there if he didn't conform to their ways". Batey admits that his nephew came out to him as gay and often sought his advice. "They [the parents] told me that they felt that I was a bad influence ... because I'm gay and he looks up to me. So they don't want me to be around him." A letter the nephew sent Batey before he was put away warned Batey that his parents would "do what it takes" to put Uncle Mike in prison. Batey was charged with one count of first degree Criminal Sexual Conduct for oral penetration and one count of first degree CSC for anal penetration against his now 16-year old nephew. The same charges were levied against Batey re his older nephew, now 18. Though two of those charges has since been dropped, the two remaining charges carry two life sentences. Despite "persuasion" from the authorities and from Batey's own court-appointed attorney, Batey refused to plead guilty. As of this date, Batey is still in jail, without privileges, in violation of his constitutional right to a speedy trial. "We are fairly confident and trust Mike Batey," Kosofsky told Between the Lines. "We are confident that the charges against him are fabricated. The fact that two of the charges have already been dropped shows that his accuser - his sister - is just a reckless homophobe." "I have known Mr. Batey for four years and I can say with utmost honesty that Mr. Batey is a kind and caring gentleman who would bring no harm to anyone, especially a member of his own family," agreed Vincent J. Bitetto, a friend of the accused. If there is anything that Batey needs, it's a good lawyer, but his court-appointed attorney is obviously worse than useless. But a good lawyer costs money. "I am asking everyone for $10, $20, $100 or more if you can to his legal fund," writes Kosofsky in his e-mail appeal. "The Triangle Foundation has found a superb attorney, Rudy Serra, who may be able to take the case, but we need to raise at least $5,000 dollars for his legal defense. . . . [S]end your contributions directly to the Triangle Foundation and ear-mark it for the Legal Advocacy Fund for Michael Batey." The Triangle Foundation may be reached at 19641 West Seven Mile Road, Detroit, MI 48219; phone 313-537-3323. "For three months now, the friends and family of Michael Batey have been battling his detractors and the County of Allegan to see to it that Mr. Batey is afforded what are his rights under the U.S. Constitution," wrote John Engelman, a friend who has the power of attorney over Mike Batey. "This difficult, timely, and extremely costly process is one which any gay, lesbian or bisexual person could face, whether at the hands of vindictive family members or by people yet unknown. We the gay and lesbian community need to build a system of protection and defense for ourselves, and start showing people that no, false charges such as those facing Michael Batey do not constitute a means to be rid of someone they deem 'undesirable' due to sexual persuasion." The Mike Batey case, as Between the Lines pointed out in an editorial, brings up uncomfortable issues of child molestation, real or alleged. Even so, "to think about him means we have to confront lies about ourselves that we would rather ignore. . . . Even though the majority of child molesters in this country are heterosexual males, the myth of the gay predator persists." Batey, the Between The Lines editorial continues, "is also a reminder of the vulnerability we share. . . . Any one of us could find ourselves locked up, cut off from basic human contact, from fundamental respect for our integrity." "Mike Batey is not the first, nor will he be the last, gay man to be accused of criminal sexual misconduct. But he should be the last to face these charges without a viable organization to protect him. We can do that much for him and for ourselves." America's prisons and jails are full of "Mike Bateys"; men whose only "crime" was that they are gay or bisexual men in a society that fears and hates sexual difference. We should not forsake these men. They are our brothers. Related Articles from the GayToday Archive: Texas: 2 Males Jailed for Private Bedroom Sex Nightmare in Gage Park Sex in Public not Lewd - Just a Mood Related Sites: Between The Lines GayToday does not endorse related sites. |
Mike Batey and his nephew 
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