Charles Aberhart, a 35-year-old draper from Blenheim, became a pivotal figure in the history of LGBTI rights in New Zealand following his tragic death in 1964. Aberhart, who was gay, faced discrimination and legal challenges due to his sexual orientation. His life and untimely death highlight the struggles faced by the LGBTI community in New Zealand during the mid-20th century and how his case contributed to significant societal and legal changes.
Aberhart was attacked and killed by a group of teenage boys on the evening of January 23, 1964, while he was cruising in Hagley Park, Christchurch. This brutal attack was motivated by homophobia, with the assailants admitting to the crime and describing it as "queer-bashing". Aberhart, who had previously been convicted for "indecent assault" on another male, was serving as a manager in Blenheim for a drapery store at the time of his death.
Six teenagers were arrested shortly afterwards and charged with manslaughter. They were Anthony Dennis O’Connor (aged 15), Brian Francis Johns (17), Raymond Clive Neither (16), Zane Leslie Macdonald (15), Roger Malcolm Williams (17) and Frank Leicester Reynolds (15). All were subsequently found not guilty.
The trial of Aberhart's attackers was controversial and deeply indicative of the societal attitudes towards homosexuality at the time. The all-male jury acquitted the boys of any crime, a decision that shocked many and underscored the lack of legal protection and societal empathy for homosexuals in New Zealand during this period. The judge in the case was the only figure who urged the jury not to consider Aberhart's private life in their verdict, highlighting a rare instance of judicial concern for homosexual rights at the time.
The public and media response to Aberhart's death and the subsequent trial revealed the pervasive discrimination against homosexuals. Ian Breward, writing in Landfall, commented on the triple disadvantage homosexuals faced: societal disgust, severe legal penalties, and a lack of justice. He argued for a reevaluation of homosexuality, not as a crime or sickness but as a natural orientation. Vincent O'Sullivan, in a journal called Comment, criticized the notion that Aberhart's sexual orientation could mitigate the guilt of his attackers, highlighting the skewed moral reasoning prevalent in society and the legal system.
Importantly, Aberhart's death catalyzed significant changes in the fight for LGBTI rights in New Zealand. It led in-part to the formation of the New Zealand Homosexual Law Reform Society, a pivotal organization in advocating for legal and social changes. This society, formed in the wake of Aberhart's death, played a crucial role in lobbying for the Homosexual Law Reform Act of 1986, a landmark piece of legislation that decriminalized homosexual acts between consenting adults.
In a poignant posthumous recognition of injustice, Aberhart's 1963 conviction for "indecent assault" (consensual sex) was expunged in 2019 under a law that allowed for the wiping of historic homosexual convictions. This legislation, which mirrors the United Kingdom's Alan Turing law, was a significant step in righting historical wrongs against the LGBTI community in New Zealand.
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