WEDNESDAY, JULY 11, 1990
17
CALL TO REVIEW HANDLING OF SEXUAL OFFENCES
* * *
THE GOVERNMENT SHOULD REVIEW THE PRESENT METHOD OF HANDLING ALLEGED CASES OF SEXUAL OFFENCE TO AVOID FURTHER HURTING THE VICTIMS WHILE IT PROCEEDS WITH LEGISLATION TO DECRIMINALISE CERTAIN HOMOSEXUAL ACTS, THE HON NELLIE FONG SAID TODAY (WEDNESDAY} IN THE LEGISLATIVE COUNCIL.
SPEAKING IN SUPPORT OF THE MOTION IN THE DEBATE ON HOMOSEXUALITY, MRS FONG SAID AT PRESENT THE VICTIM OF SUCH CASES WOULD HAVE TO GO THROUGH CROSS EXAMINATIONS DURING TRIAL TO EXPOSE HIS OR HER PRIVATE LIVES, BUT IN RETURN WOULD GAIN NOTHING OTHER THAN TO SEE JUSTICE BEING UPHELD.
"I BELIEVE THAT WHILE WE GO FORWARD WITH LEGISLATION ON THE ISSUE OF DECRIMINALISATION OF CERTAIN HOMOSEXUAL ACTS, WE SHOULD FOCUS ON HOW CASES OF ALLEGED SEXUAL OFFENCES, HOMOSEXUAL OR OTHERWISE, COULD BE HANDLED TO AVOID THE VICTIM EITHER NOT BRINGING CHARGES DUE TO THE INEVITABLE NEGATIVE EXPOSURE, OR THE VICTIM'S LIFE BEING SERIOUSLY DAMAGED IN THE COURSE OF A TRIAL CONDUCTED ALONG THE LINES TRIALS ARE CONDUCTED TODAY," SHE SAID.
MRS FONG SAID SHE FAILED TO SEE WHY HOMOSEXUAL ACTS COMMITTED IN PRIVATE BY CONSENTING ADULTS SHOULD BE CONSIDERED AS CRIMINAL OFFENCES IF THE ACTS DID NOT BRING HARM TO ANYONE.
SHE SAID HER CONCERN ON THE ISSUE FOCUSSED ON WHETHER ANYONE GOT HURT, AND THAT THIS TIED IN WITH THREE ISSUES.
FIRSTLY, THAT THE REMOVAL OF CRIMINAL PENALTIES FOR SPECIFIC HOMOSEXUAL ACTS SHOULD NOT IMPLY LEGAL APPROVAL OR PUBLIC ACCEPTANCE OF THOSE ACTS.
SECONDLY, SINCE HOMOSEXUALITY WAS SUCH A COMPLICATED ISSUE FROM MANY POINTS OF VIEW, INCLUDING THE PSYCHOLOGICAL AND EMOTIONAL ASPECTS, IT WOULD BE QUESTIONABLE WHETHER AGE 21 WAS SUFFICIENT FOR A PERSON TO BE CAPABLE OF DECIDING ON THEIR ACTIONS.
THIRDLY, HOW TO DETERMINE WHETHER THERE WAS CONSENT BECAUSE IT WAS DOUBTFUL WHETHER THE PERSONS WHO WERE HARMED WOULD EVER COME FORWARD TO CHALLENGE THEIR AGGRESSORS AND RISK EXPOSURE AND MARGINALISATION BY THE COMMUNITY.
POTENTIAL
0
/18