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 Homophobic Britain in Court

Gay Briton goes to Europe in fight over indecency charge

From the Guardian, 1.12.99

By Julia Hartley-Brewer

 

A Briton has appealed to the European court of human rights to overturn his conviction for engaging in sex acts with consenting homosexuals in the privacy of his bedroom, arguing that the legislation was "homophobic". The man, a local government officer, was convicted of gross indecency three years ago after police raided his home and found videotapes of him engaging in oral sex and mutual masturbation in the presence of up to four other men.

His barrister, Ben Emmerson, told the court in Strasbourg that the prosecution was an unjustifiable intrusion into his private life under a British law that openly discriminates against homosexual men. Emmerson told the panel of judges: This was a classic case of harmless sexual activity between fully consenting adults in private. The only reason why the applicant had to go through this ordeal is because he is a male homosexual. He argued that the legislation used retained the hallmarks of homophobic prejudice" since, while gay men could be convicted of gross indecency, no such offence existed for either lesbians or heterosexuals.

Following a police search of his home in April 1996, the man was arrested and taken to a police station where he admitted that videos seized during the search contained footage of himself and up to four adult men engaging in sexual acts in his bedroom. He was convicted of gross indecency in November 1996 and given a two-year conditional discharge. His appeal to the European court was lodged in 1997. All the men involved were consenting adults over the age of homosexual consent, the court heard, and there was no intention to distribute or sell the video tapes, which were for private viewing by the man and two close homosexual friends. The man, who had kept his sexuality private from family and work colleagues until it was publicly exposed in court, is also claiming compensation for the distress caused to him by the prosecution and for the £8,500 of video equipment ordered to be destroyed.

The offence of gross indecency was introduced in 1885 and can be committed only by a man engaged in sexual activity with another man, even if both are consenting adults above the age of consent, presently 18 but due to be reduced to 16 next year. There is no equivalent offence for lesbians or for consenting heterosexuals above the legal age of consent. In 1967, the sexual offences act excluded consenting homosexual acts in private, defining "private" as meaning that no more than two men are present.

Emmerson argued that the prosecution breached the man's right to privacy guaranteed by article 8 of the European rights convention and unlawfully discriminated against him as a homosexual man, under article 14. Emmerson told the court: There was no element of sadomasochism. No one was at risk of injury of any kind. There were no vulnerable or underage individuals involved.

The government defended the conviction. Their barrister told the court that there was no breach of privacy because the sex acts in question took place in full view of other men and were video-taped, which posed the risk that others might see the tape. Viewing the tape could cause offence and corrupt vulnerable young men. (The only people who are open to corruption seem to be our very own Government. It is simply obnoxious they they should defend this outrageous abuse of law)

The European court is expected to give its decision in the new year.



Law Archive

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 Human Rights Act 1998 Incorporation of the European Convention of Human Rights
 Mark Wright v Customs Campaign to challenge the law on the personal import of porn
 Taking Homophobic Britain to Court Challenging crap law in the European Court (Jan 2000)
 A Barrister's View arguing in support of Ferman's porn liberalisation
 Blasphemy Ruling at the European Court of Human Rights

Tattered Union Jack UK Censorship UK News Government Censorship Parliament Watch
  European News Criminalising Extreme Porn Customs Watch
  Petitions & Campaigns Criminalising P4P Customs Seizures
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