Homosexual Bill Introduced (Press, 8 March 1985)

On 8 March 1985, a significant legislative proposal was brought forward by Ms Wilde aimed at amending the Crimes Act of 1961 in New Zealand. The key aspects of her bill focus on the current laws concerning "indecent acts" involving boys under 16 years old. The proposal seeks to repeal Section 140 of the Crimes Act, which does not differentiate between boys aged 12 to 16 and those under 12. Under the existing law, individuals under the age of 21 cannot be charged with offences in this context, and "consent" is not considered a viable defence, with a maximum penalty of 10 years imprisonment. The proposed changes introduce two new sections, aligning the treatment of boys with that of girls as outlined in Sections 133 and 134 of the Act. For boys under 12, offenders would remain liable even if they themselves are under 21, maintaining the 10-year maximum penalty while disallowing "consent" or "mistake as to age" as defences. For boys aged 12 to 16, "consent" could serve as a defence unless it was improperly obtained or if the defendant is younger than the boy. In such cases, if the defendant is under 21 and believes the boy is 16, "consent" may be acknowledged, with a maximum jail term proposed at seven years and stipulating that prosecution must occur within 12 months. The bill also aims to repeal Section 141, which currently prohibits "indecency between males." The new legislation would align this with Section 135 regarding indecent assault of women or girls over 16, establishing a maximum penalty of seven years. Additionally, Section 142 concerning sodomy would be removed, replaced by a new clause focusing on "anal intercourse," contingent on the anticipated enactment of new rape reform legislation. Under these reforms, any non-consensual anal intercourse would be classified as "sexual violation." This new provision would only address consensual anal intercourse with individuals under 16 or those deemed severely subnormal. Moreover, Section 146, which deals with maintaining a venue for homosexual acts, would be repealed, while Section 147 would be revised to clarify that establishments where both male and female sex workers operate can be classified as "brothels." Overall, the proposed changes reflect a significant shift in addressing and redefining legal standards for sexual conduct involving minors, aiming for greater clarity and fairness in the law.

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