Victoria first to expunge historical gay sex convictions

The Victorian Government has become Australia's first to introduce laws expunging historical convictions for gay sex.

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The Victorian Government has become Australia's first to introduce laws expunging historical convictions for gay sex.

From mid next year, it's believed thousands of people will be able to apply to have convictions removed.

Homosexual acts were decriminalised in 1981 by Victoria's Hamer government, but many men have still had criminal convictions.

In 1951, Noel Tovey, an international stage actor, was charged with buggery - a crime that was then punishable by death.

"I stood in the dock and the magistrate said to me .. Noel you have been charged with the abominable crime of buggery - how do you plead? To everyone's surprise except Mamma's, I pleaded not guilty."The octagenarian spent months in Melbourne's notorious Pentridge Prison where he was raped and witnessed unimaginable violence.

State Attorney General Robert Clark told the Victorian parliament the convictions should have been expunged years ago.

"Many people have felt constrained from applying for jobs or from volunteering - some have been unable to travel overseas - these convictions have been allowed to stand for far too long," he said.

Noel Tovey says the decision is vindication for his long-held belief.

"I didn't believe my sexuality was a crime - now some 64 years later - the government has agreed."

"I don't have to worry about being a criminal anymore. That's the main thing."

Victorians will be able to apply to have convictions for consentual gay sex expunged in mid 2015.

The NSW parliament is considering a similar bill. Homosecual acts were decriminalised in NSW in 1984.

Member for Coogee Bruce Notley-Smith introduced his private member's bill in NSW parliament earlier this week which he said would correct the wrongs of the past.

"No one should have to continue to suffer the disadvantage of having a criminal conviction for sexual activity with another consenting adult," he told the chamber.

"This bill allows these convictions to be extinguished and delivers a socially just and responsible outcome."

In 2012, Britain passed a law enabling thousands of convictions for consentual gay sex to be erased.

According to human rights lawyer Anna Brown, who acts for men with the historic convictions, there's bipartisan support for a similar move in Tasmania.

"We're really hopeful that all states and territories will be able to act and actually expunge these convictions that are causing practical and emotional impacts on these men."

 

 

 

 

 

 

 


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3 min read

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By Luke Waters

Source: World News Australia


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