Background paper for a legislative scheme to expunge convictions for historical consensual gay sex offences in Victoria
Until 1981 in Victoria, gay men were convicted and even imprisoned for offences ranging from “buggery” and “loitering for homosexual purposes” to indecency and offensive behaviour offences. In some cases, individuals who would today be treated as victims of sexual abuse were charged with criminal offences. Today, unknown numbers of men (and possibly women) live with the shame, stigma and barriers to work, volunteer and travel caused by a criminal conviction for conduct that is lawful today.
Sex between consenting adults should never have been criminalised. The laws have changed and society has moved on, but convictions imposed under the old archaic laws continue to haunt in both practical and emotional ways.
Acknowledging these laws were wrong and legislating to abolish the left-over convictions would start to heal the harm that these discriminatory laws have caused.
Acknowledgement of Country
The Human Rights Law Centre acknowledges the Traditional Owners of the lands across Australia, including the lands of the Wurundjeri, Boon Wurrung, Gadigal, Ngunnawal, Cammeraygal, Darug, Wadawurrung, Turrbal and Jagera people where we work from.
We pay our respect to Elders past and present. This land always was, and always will be Aboriginal and Torres Strait Islander land. Sovereignty has never been ceded.
WARNING: This site contains images or names of people who have passed away.