XN000022-1990-07-11 — Page 9

WEDNESDAY, JULY 11, 1990

LEGAL POLICY CONSIDERATIONS CONCERNING HOMOSEXUALITY EXPLAINED

* * *

IT COULD NOT BE CREDIBLY ARGUED THAT ADULTS

OF NORMAL MENTAL CAPACITY WHO FREELY PARTICIPATED IN SEXUAL CONDUCT IN THE PRIVACY OF THEIR OWN HOMES NEEDED TO BE PROTECTED FROM SUCH CONDUCT BY THE CRIMINAL LAW, THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

SPEAKING IN SUPPORT OF THE MOTION ON HOMOSEXUALITY, MR MATHEWS MADE REFERENCE TO THE IMPORTANT LEGAL POLICY CONSIDERATIONS.

FIRST, HE SAID, ONE OF THE MAIN PURPOSES OF THE CRIMINAL LAW WAS TO PROTECT FROM HARM THOSE WHO WERE IN NEED OF PROTECTION FROM THE ACTS OF OTHERS.

HE NOTED THAT HE WAS WELL AWARE OF THE ARGUMENT THAT HARM WAS NOT A PREREQUISITE FOR MAKING CERTAIN CONDUCT A CRIMINAL OFFENCE, AND THAT OFFENSIVE BEHAVIOUR WHICH CAUSED NO HARM TO OTHERS OUGHT, OF ITSELF, TO GIVE RISE TO CRIMINAL SANCTIONS.

HOWEVER, MR MATHEWS SAID HE PREFERRED THE ARGUMENT PROPOUNDED BY THE WOLFENDEN COMMITTEE, WHICH SOME 30 YEARS AGO IN ENGLAND CONSIDERED THE VERY SAME QUESTIONS WHICH CONFRONTED MEMBERS OF THE COUNCIL TODAY.

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IT WAS THE VIEW OF THAT COMMITTEE THAT THE PROPER THE CRIMINAL LAW WAS "TO PRESERVE PUBLIC ORDER AND DECENCY, PROTECT THE CITIZEN FROM WHAT IS OFFENSIVE OR INJURIOUS, AND TO PROVIDE SUFFICIENT SAFEGUARDS AGAINST EXPLOITATION AND CORRUPTION OF OTHERS, PARTICULARLY THOSE WHO ARE SPECIALLY VULNERABLE BECAUSE THEY ARE YOUNG, WEAK IN BODY OR MIND, INEXPERIENCED, OR IN A STATE OF SPECIAL PHYSICAL, OFFICIAL, OR ECONOMIC DEPENDENCE".

"I EMPHASISE THE USE OF THE WORDS PUBLIC ORDER AND DECENCY THIS CONTEXT.

IN

"IN MY VIEW, THE CRIMINAL LAW SHOULD NOT INTERVENE IN THE PRIVATE LIVES OF CITIZENS, OR SEEK TO ENFORCE ANY PARTICULAR PATTERN OF BEHAVIOUR, UNLESS IT IS NECESSARY TO CARRY OUT THE PURPOSES JUST OUTLINED, MR MATHEWS SAID.

ONE.

HE SAID THE SECOND LEGAL POLICY CONSIDERATION WAS A PRACTICAL

PUBLIC

"IF PART OF THE ROLE OF THE CRIMINAL LAW IS TO PRESERVE ORDER AND DECENCY, THE LAW SHOULD COMMAND THE RESPECT AND OBSERVANCE OF THE COMMUNITY.

"IT INEVITABLY FALLS INTO DISREPUTE IF IT IS CONTINUALLY IGNORED AND FLOUTED WITH IMPUNITY,

HE SAID.

/MR MATHEWS