Court Asked To Rule If Man Can Be Prostitute (Press, 20 April 1972)

On 18 April 1972, the Auckland Magistrate’s Court was set to rule on an unusual legal case regarding the definition of a common prostitute. Stanley Te Puke, a 19-year-old unemployed telephone operator, was charged with loitering in Queen Street while importuning passengers for the purpose of prostitution. He had been remanded on bail and admitted to the charge in an earlier hearing, but a retrial was granted following a request from his lawyer, Mr D. R. Lange. The key issue at stake was whether the term "prostitute" could apply to men, as it lacked a clear definition in the law. The police, represented by Senior Sergeant R. V. Downie, argued that the absence of a specific definition meant that males could equally be included under the term "prostitute." They contended that previous court decisions had not ruled out the possibility of male prostitution, even if the traditional understanding of the term largely focused on women. The prosecution's position was that the law concerning prostitutes could be applied to men, as male prostitution exists and has been acknowledged in various contexts, including English legislation. In contrast, Te Puke's defence cited definitions from multiple dictionaries, highlighting the conventional association of prostitution with women. Lange argued that the Crown needed to prove beyond a reasonable doubt that Te Puke was a "common prostitute," reigniting the debate about legislative intent. He claimed that penal statutes should be interpreted strictly, protecting the accused if any ambiguity existed within the definitions provided by the law, particularly in light of distinctions drawn between prostitution and homosexual acts in legal codes. As the magistrate, Mr C. E. H. Pledger, prepared to make a ruling on 27 April 1972, he noted the peculiarity of the case and sought clarity from Downie on his understanding of the term "prostitute." Downie admitted he found it challenging to answer without relying on his law enforcement training, indicating the complexity of the issue. The upcoming decision was poised to have significant implications for the legal interpretation of sex work in New Zealand, particularly concerning the recognition of male prostitutes under the existing legislation. This case not only involved legal definitions but also touched on broader societal attitudes towards sexuality and gender roles during the early 1970s in New Zealand.

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