Debate Advocated Before Homosexual Law Changes

Press, Volume CVII, Issue 31441, 7 August 1967, Page 1

Debate Advocated Before Homosexual Law Changes

(Neto Zealand Preu Aiioclatton) DUNEDIN, August 6. The average New Zealander does not appear to favour any change in the laws against homosexuality at present, the Attorney-General (Mr Hanan) said in Dunedin yesterday.

The matter should be debated until such time as the public were fully informed on the pros and cons, Mr Hanan said.

So far in New Zealand no interest had been shown at the political level by the political parties, he said. “Nor do I think that the ordinary citizen would be receptive to any change in exist, ing law. I will concede, however, that more interest in the subject is now being shown by some church leaders and in the universities. “The change has been made in England where the subject for some years has been much more discussed than in New Zealand. Time will show whether the legislation is justified.” Mr Hanan was speaking at the Otago University’s Faculty of Law seminar on developments in the law. Possible Antagonism Hasty legislation might have the opposite effect to that intended, by creating antagonism to the changes, Mr Hanan said. "To change legislation is fairly simple but premature legislation may call forth such resistance as may delay for years the implementation of the very legislation desired by those who .would change the law,” he said. The Wolfenden Committee in Britain had recommended that homosexual behaviour between consenting adults in private should not be a criminal offence, and' this recommendation had led to con-

troversy in New Zealand, as in other countries.

"Is homosexual behaviour between consenting adults in private necessarily contrary to the public good?” said Mr Hanan.

“A majority Of the Wolfenden Committee, and a majority of the House of Lords and House of Commons have concluded that it is not” Offences With Boys One of the arguments in favour of the present laws against homosexuality was that a man who could gain satisfaction from men might turn his attention to boys. But this did not seem to be supported by the statistics in New Zealand, said Mr Hanan.

About 5 per cent of New Zealand prison inmates in 1964 bad been convicted of offences against males both over and under 21. It might well have been that that was because offences against children were far more likely to be reported, and to result in imprisonment There would clearly be no

suggestion of legalising homosexual offences against boys, he said.

“An additional argument raised against relaxing the law on homosexuality is that it will open the floodgates and result in a tremendous rise in its incidence,” he said. Legal Deterrent “This suggests that there is a vast number of men who refrain from homosexual behaviour merely through fear of the legal consequences.

"This view cannot consistently be held by anyone who claims that homosexual behaviour should be. punishable because it is repugnant to the great majority of men, and perhaps it exaggerates to some extent the effect of the law on this type of human behaviour.” Whatever the state of the law, there would always be strong social sanctions against homosexuality, he said.