ACLU I see what you are saying.
Now, to change that equation, if they could be identified with gays, they could instantly become VICTIMS and get off the hook. The were hiring the strippers to mask their societally imposed shame at their sexual identity, which they are now proud to announce. Suddenly, the ACLU and gay groups would be on their side, not because they were now suddenly innocent, but because they were one of "them". The gays would start arguing that gay men simply don't rape women, so it could not have occurred, the prosecutor would not want to alienate one of his other favored minorities, and the case would die a slow, manageable death with some kind of deal that made all the parties happy.
I sure can't wait to see Nifong handed his ass. I think that Nifong and the stripper deserve to go to jail, but of the two, Nifong is worse.