No Offence For Man To Dress As Woman (Press, 1 February 1966)

On 31 January 1966, New Zealand law was discussed in relation to male cross-dressing following a case involving Trevor David Rupe, a 29-year-old female impersonator. Rupe, who was performing at a night-club, was charged with behaving in an offensive manner for wearing a black frock, black silk stockings, and high-heeled shoes while standing outside the club. After accepting a lift from a visitor to Auckland, the police stopped the car due to an illegal turn. It was during this encounter that the police recognised Rupe and informed the driver that his companion was male, leading to the latter's shock. During the hearing, Mr F. McCarthy, S.M., stated that New Zealand law does not prohibit men from wearing female clothing. He delivered this statement while dismissing the charges against Rupe. McCarthy noted that after thorough research, he found no legal grounds to declare that it was unlawful for males to dress in female attire, provided the individual did not do so with criminal intent or disguised themselves unlawfully at night. The Magistrate further explained that for Rupe to be convicted, it must be proven that his actions were deliberately intended to provoke resentment or disgust among the general public. He pointed out that Rupe could have reasonably believed that the driver, as a potential patron of the nightclub, might have recognised him as a performer. Therefore, McCarthy decided to give Rupe the benefit of the doubt and dismissed the case. This judgment highlighted an emerging conversation about gender identity and dress in New Zealand society.

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