Homosexual Law Changes What The New Legislation... (Press, 18 April 1985)

The Homosexual Law Reform Bill, currently in Parliament, aims to eliminate criminal penalties for consensual homosexual acts between males and to prohibit discrimination based on sexual orientation. The legislation has two main components. The first part amends the Crimes Act of 1961 to remove criminal sanctions related to male homosexual acts. Specifically, it modifies sections concerning indecency and related offences involving boys under the age of 16. Notable changes include the repeal of section 140, which addressed indecency with boys, and substitution with new provisions delineating penalties for acts committed against boys under 12 and those aged between 12 and 16. Under the new clauses, individuals can face up to ten years imprisonment for indecency involving boys under 12, with no defence of consent applicable. For boys aged 12 to 16, the maximum penalty is reduced to seven years and there are specific defences based on mutual consent. The law also emphasises that accusations cannot be initiated against the minors involved in these situations. Furthermore, section 141, which penalised indecent assaults between males, will be replaced to include similar punishments as those applied in cases involving female victims. The new provisions will raise the maximum penalty to seven years for male-on-male indecent assaults involving individuals aged over 16. In terms of anal intercourse, section 142 is revised to address consensual acts only and distinguishes penalties for those involving individuals under 12 compared to those aged 12 to 16, with respective maximum sentences of 14 and seven years. The legislation asserts that, in instances where the act of anal intercourse occurs with someone under 12, consent is not a viable defence, thereby broadening the protections for minors against exploitation. The Bill also repeals existing provisions that penalised establishments promoting homosexual acts and redefines brothel-keeping laws to encompass both male and female sex workers. A crucial feature of the legislation is a transitional clause that absolves individuals of criminal liability for actions considered unlawful prior to the Bill’s enactment if those actions no longer contravene the reformed laws. The second part of the Bill amends the Human Rights Commission Act of 1977, explicitly stating that discrimination based on sexual orientation will be considered unlawful, mirroring protections already granted against discrimination based on sex. This change broadens legal protections to include all sexual orientations, reaffirming the rights of individuals regardless of their sexual preference. Overall, this proposed law represents significant reform in New Zealand's approach to homosexuality, aiming for greater equality and protection against discrimination while ensuring stringent penalties for exploitative behaviours involving minors.

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