Rights groups welcome Victoria’s moves to erase historic gay sex convictions
Rights groups have welcomed the Victorian Government’s announcement that it will legislate to erase the criminal records of homosexual men who were convicted for having consensual sex in the past when it was illegal.
The Human Rights Law Centre’s Director of Advocacy, Anna Brown, has been providing legal assistance to men who have been unfairly burdened by criminal records imposed when unjust laws criminalised sexual relations between men. As Ms Brown told the Herald Sun, having these manifestly unjust convictions erased will help end the stigma, shame and practical difficulties they have inflicted for decades.
“It’s extremely pleasing to see the Victorian Government showing leadership on this issue. Acknowledging these laws were wrong and legislating to abolish the left-over convictions will start to heal the harm that these discriminatory laws have caused. Sex between consenting adults should never have been criminalised,” said Ms Brown.
Until 1981 in Victoria, gay men were convicted and even imprisoned for offences ranging from “buggery” and “loitering for homosexual purposes” to indecency and offensive behaviour offences. In some cases, individuals who would today be treated as victims of sexual abuse were charged with criminal offences. Today, unknown numbers of men (and possibly women) live with the shame, stigma and barriers to work, volunteer and travel caused by a criminal conviction for conduct that is lawful today.
The announcement coincides with the release of a major research report, by a coalition of legal and community organisations, intended to guide the development of the reforms.
Response from men affected by wrongful convictions
One Victorian harmed by such a conviction is 80 year old Indigenous man Noel Tovey. Responding to the Premier’s announcement, Mr Tovey said he was pleased that he would be able to apply to have his conviction erased.
"It's good to know at the age of 80, that I am no longer a criminal in the eyes of the law and society," said Mr Tovey.
Tom Anderson was 14 in 1977 when as a paperboy he was preyed on by his paedophile boss who groomed and coerced him into performing sexual acts. When he told his parents they immediately informed the police. In addition to charging the sexual predator, outrageously the police also charged the boy with a count of buggery.
“I have never been able to comprehend and understand how a victim of sexual abuse as a minor could possibly also be charged with what was a criminal offence back then. I had to face a magistrate and plead guilty and admit to him that what I did was wrong even though I did not understand what the charges actually meant. How can a 14 year old boy be actually supposed to know what buggery is and that it was wrong and a criminal offence?” said Mr Anderson.
The push is now on for other states to follow suit and the HRLC has already been in discussion with advocates and policy makers in NSW and Tasmania to build on the achievements in Victoria.
Response from community leaders
Jamie Gardiner, now a Vice-President of Liberty Victoria, was President of the Homosexual Law Reform Coalition and a leading member of the successful campaign that resulted in the unjust criminal laws being repealed in 1980.
“These convictions have cruelly affected the lives of gay men prosecuted in the 1970s and before, for conduct which should never have been criminal, and has been legal for over three decades. They unfairly constrain employment options and the volunteer work they undertake. We must repudiate those discriminatory laws and not let them continue to poison the lives of many hundreds of gay and bisexual men,” said Mr Gardiner.
Director of Gay & Lesbian Health Victoria, Liam Leonard, also welcomed the Government’s announcement and commitment to legislate to erase past convictions for consensual sexual activity between men.
“Erasing such convictions is a powerful symbolic act that recognises the inherent dignity and value of gay, lesbian and bisexual people’s sexuality and recognises that laws criminalising male homosexuality were themselves unjust. It also recognises the continuing hurt and shame inflicted on those people who carry the weight of those convictions and the healing power that comes with public understanding that these convictions were wrong, unjust and deeply discriminatory,” said Mr Leonard.
The President of the Victorian AIDS Council/Gay Men’s Health Centre, Greg Carter, commented on the historic nature of the reform.
“We are very pleased at this great outcome. It vindicates the efforts of previous generations of gay men who fought to de-criminalise homosexuality in Victoria, often at great risk to their own safety and wellbeing. We, as a community, have benefitted from their commitment and courage; this decision does justice to their brave fight. It is a time of great healing for our community elders,” said Mr Carter.
Report released
The Human Rights Law Centre’s Anna Brown, who led the development of the research paper which shares stories of men harmed by the continuing legacy of convictions for consensual homosexual conduct, said the report is based on historical and comparative legal research and considers a number of issues the Government will have to grapple with when progressing this important reform.
The report has been authored by the Human Rights Law Centre in partnership with Liberty Victoria, the Victorian Gay & Lesbian Rights Lobby, Gay & Lesbian Health Victoria and the Victorian AIDS Council /Gay Men’s Health Centre.
Ms Brown said she was confident legislation would be approved by parliament given the Victorian Opposition Leader, Daniel Andrews, has publicly supported calls to remove convictions for historical gay sex offences.
“We look forward to continuing to work with Clem Newton-Brown and representatives of all sides of politics to implement the recommendations in this paper,” said Ms Brown.
Co-Convener of the Victorian Gay & Lesbian Rights Lobby (VGLRL) Mr Corey Irlam said this was another step in the long journey to equality for gay and lesbian Australians.
“It’s unjust and unfair that these men continue to be treated as criminals 30 years after same sex relations between men were decriminalised. I call on all parties to throw their support behind this important reform to ensure its successful passage this year,” said Mr Irlam.
What to do if you have a gay sex conviction
It’s anticipated that individuals with criminal convictions for homosexual acts that would be lawful today will be able to make an application for their convictions to be “expunged” in early 2015.
For anyone interested in updates about this process including those who may require assistance in the foreshadowed application process, please register your interest by emailing info@vglrl.org.au or ringing our Co-Conveners on 0417 484 438. When applications are able to be made the VGLRL will seek to work with lawyers to assist members of the community as required.