24 May 2017

The Guardian: Don’t fall for the myth that it’s 50 years since we decriminalised homosexuality

The 50th anniversary in July of the Sexual Offences Act 1967 will be marked by celebratory events, from Queer British Art at the Tate to the BBC’s Gay Britannia season. I feel ambivalent about the celebrations: 1967 was progress, but the criminalisation of homosexuality in the UK did not in fact end until 2013. The 1967 act was just a start. It was the first gay law reform since 1533, when anal sex was made a crime during Henry VIII’s reign; all other sexual acts between men were outlawed in the Victorian era, in 1885.

My new research reveals that an estimated 15,000-plus gay men were convicted in the decades that followed the 1967 liberalisation. Not only was homosexuality only partly decriminalised by the 1967 act, but the remaining anti-gay laws were policed more aggressively than before by a state that opposed gay acceptance and equality. In total, from 1885 and 2013, nearly 100,000 men were arrested for same-sex acts. [...]

Gay sex remained prosecutable unless it took place in strict privacy, which meant in a person’s own home, behind locked doors and windows, with the curtains drawn and with no other person present in any part of the house. It continued to be a crime if more than two men had sex together or if they were filmed or photographed having sex by another person. Seven men in Bolton were convicted of these offences and two were given suspended jail terms – in 1998.

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